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Board Meeting Minutes

CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

February 7, 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 6:30 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

                                                            John A. Burgh

                                                            Karl L. Wandry

            Directors Absent:                       Bette Boatmun

            General Manager:                       Walter J. Bishop

            Legal Counsel:                           Robert B. Maddow

            District Secretary:                      Sharon L. Burris

 

President Campbell announced that Director Boatmun was absent from the meeting and that she had previously notified the Board.

 

PLEDGE OF ALLEGIANCE

 

Public Affairs Director Patty Friesen led the Pledge of Allegiance. 

 

ADOPTION OF AGENDA

 

Mr. Bishop reported that there were no changes to the agenda.  He advised that there was memo before the Board revising Agenda Item No. 1.a. – Future Services – February and Agenda Item No. 1.b. – Expenses – January.

 

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 – February

            b.   Expenses – January

            c.   Compensation – January

 

2.         Approve the warrant register dated February 8, 2007.

 

3.                   Authorize execution of an amendment in the amount of $45,000 to the contract with Wiley, Price & Radulovich for employment and labor law special counsel services for a revised total amount not to exceed $145,000.  

 

4.                   Authorize execution of a two-year contract with Delta Wireless to design, furnish, install, and maintain video system equipment for the Security Enhancement Project for an amount  not to exceed $437,800. 

 

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

 

ACTION

 

5.                   Adopt Resolution No. 07-03 authorizing execution of a seventh amendment to the agreement with the California Department of Water Resources for the Los Vaqueros Reservoir Expansion Project for an additional amount not to exceed $800,000 for an agreement total not to exceed $11,900,000. 

 

Mr. Bishop reported that this was the seventh amendment to the agreement with the California Department of Water Resources (DWR) for the Los Vaqueros Reservoir Expansion Project.  Assistant General Manager of Delta Projects/Planning Dr. Greg Gartrell and Special Projects Manager Marguerite Naillon had continued to be successful in obtaining funding from the state for this project.  This amendment would bring the combined total from DWR to over $11 million for the project. 

 

President Campbell asked the Boardmembers if there were any questions.  There were none.  He then asked if there were any public comments on the item.  There were none.

 

MOTION:  Wandry/Anello to adopt Resolution No. 07-03 authorizing execution of a seventh amendment to the agreement with the California Department of Water Resources for the Los Vaqueros Reservoir Expansion Project for an additional amount not to exceed $800,000 for an agreement total not to exceed $11,900,000. 

 

6.         Legislative Affairs Report – February 2007

Review update on legislative issues and adopt District positions for the following:  State Legislation AB 5 (Wolk) – Flood Protection:  Local:  Central Valley: Plans – Watch; AB 26 (Nakanishi) – Flood Control: Natural Community Conservation Plan – Favor; SB 5 (Machado) – Flood Management – Watch; SB 34 (Torlakson) – User Fees and Assessments: Sacramento-San Joaquin Delta Flood Control – Watch; and SB 59 (Cogdill) – Reliable Water Supply Bond Act of 2008 – Watch.

 

Mr. Bishop advised that Director of Public Affairs Patty Friesen would be presenting an update on the legislation.  He also reported that he would be providing an update on the President’s budget. 

 

Ms. Friesen advised that there were several bills for the Board’s consideration.  She reported on the following bills:

 

AB 5 (Wolk) – Flood Protection:  Local: Central Valley: Plans – Ms. Friesen advised that this bill provided for state funds to be given to local agencies that have adopted a local flood protection plan.  The bill would prohibit local governments in the Central Valley from approving new developments within high-risk flood prone areas.  The bill needed clarification to define a local agency, which agency would be responsible for creating a plan and the source of funding.  It provided a mechanism for a direct link between flood protection and land use planning to address important flood control and planning issues.  The District’s recommended position was to Watch this bill.

 

AB 26 (Nakanishi) – Flood Control: natural Community Conservation Plan – Ms. Friesen reported that the bill required preparation of a Natural Community Conservation Plan.  The plan would provide comprehensive management and conservation of multiple wildlife species.  Primarily, the bill would allow for routine maintenance of flood control projects including levees on a system-wide, long-term basis.   This would eliminate delays in permitting for routine maintenance activities which provide operational efficiency and flood-related benefits.  The recommended District position for this bill was Favor. 

 

SB 5 (Machado) – Flood Management – The bill develops a comprehensive, integrated flood policy addressing all aspects of flood management.  It proposes changes in land use planning and specifies that the state needs a “State Plan of Flood Control.”  Ms. Friesen advised that the language needed clarification on what prioritization mechanism to use for allocating flood funding and minimum standards for urban areas.  The bill holds the state responsible to pay for 100 percent of the non-federal capital costs to bring the facilities up to design standards and system-wide structural and non-structural improvements.   The District recommended a Watch position for this bill. 

 

SB 34 (Torlakson) – User Fees and Assessments: Sacramento-San Joaquin Delta Flood Control – Ms. Friesen reported that Senator Torlakson was proposing a “beneficiary pays system” to collect user fees and assessments for levee maintenance and flood control in the Delta.  She advised that the language for the bill was very limited.  The bill provided for a significant portion of the state bond funds approved in Proposition 1E to be prioritized through a “beneficiary pays system.”  She reported that a meeting with stakeholders was held and that the District had participated in the meeting.  The District’s position was that any assessment assigned to Delta beneficiaries needed to fair and equitable and in proportion to the benefits received.  The bill attempts to address a need for an ongoing reliable funding mechanism for levee maintenance and flood control.  The District’s recommended position was to Watch the bill. 

 

President Campbell commented on a conversation that he had with Senator Torlakson before the bill was introduced.   He also commented on a letter that was sent to Senator Torlakson thanking him for his support of the District. 

 

SB 59 (Cogdill) – Reliable Water Supply Bond Act of 2008 – Ms. Friesen reported that this was the Governor’s bond package for surface storage projects specifically authorizing the sale of $3.95 billion in general obligation bonds.  She reported on the categories of funding and noted that it allows for $2 billion funding for two surface water storage projects:  Sites and Temperance Flat, unless those two storage facilities were deemed infeasible.  She advised that there was $1 billion for Delta Sustainability, which was a category where District projects could be eligible for funding.  The District’s recommended position was to Watch this legislation. 

 

President Campbell asked if there were questions or comments of the presenter.  There were none.  President Campbell expressed his appreciation to Ms. Friesen for the attachment with the docket explaining the legislative positions. 

 

President Campbell asked if there were any public comments.  There were no public comments. 

 

Mr. Bishop reported on the Governor’s budget as it related to District projects.  He also commented on the federal government and the Environmental Water Account. 

 

MOTION: Burgh/Anello adopt District positions for the following:  State Legislation AB 5 (Wolk) – Flood Protection:  Local:  Central Valley: Plans – Watch; AB 26 (Nakanishi) – Flood Control: Natural Community Conservation Plan – Favor; SB 5 (Machado) – Flood Management – Watch; SB 34 (Torlakson) – User Fees and Assessments: Sacramento-San Joaquin Delta Flood Control – Watch; and SB 59 (Cogdill) – Reliable Water Supply Bond Act of 2008 – Watch.

 

DISCUSSION & INFORMATION

 

7.         Review and comment on the Draft Ten-Year Capital Improvement Program and Financial Plan for Fiscal Years 2008-2017.

 

Mr. Bishop advised that Assistant General Manager of Engineering Tom Linville would present the 2008-2017 Draft Ten-Year Capital Improvement Program (CIP), and the Assistant General Manager of Administration Kurt Ladensack would be presenting the Financial Plan.

 

Mr. Bishop reported that the 2008-2017 CIP differs from previous CIPs due to the dollar amount, which was now $500 million.  The amount being financed by the District by rates had slightly decreased.  He discussed the possibility of the District moving to membrane technology for the water treatment plants and advised that this was listed as a Priority 3 project.  The rate analysis in this plan was consistent with what the Board adopted at the January 17 Board meeting.  The District had continued its commitment to cost-reduction in operations and maintenance. 

 

Mr. Linville’s presentation included the Ten-year CIP and Financial Plan, the two-year operating budget, and the rate analysis, with ten year projections.  He advised that the two-year capital budget would be reviewed in June 2007.

 

Mr. Linville reviewed and identified the key messages for the 2008-2017 CIP.  The Financial Plan addressed the uncertainties of assumed state and federal funding for the Alternative Intake Project (AIP).  The total for this CIP was $503.4 million and was the District’s largest primarily due to an increase in Priority 3 projects.  He advised that the draft CIP resulted in a Financial Plan that was consistent with the Board’s Rate and Reserve Policies.

 

Mr. Linville noted that the funded level for the 2008-2017 CIP was approximately $6.6 million lower than the 2007 CIP funded level.  The total CIP costs increased by $21.6 million, which was primarily driven by increases in Priority Level 3 projects.  He advised that the largest project would be the Membrane Filtration Project, which would be considered if Delta water quality should worsen.        

 

Mr. Linville reviewed Priority Level 1 and 2 cost comparisons by funding source.  He advised that the increase in debt-funded CCWD was a result of the final year of the untreated water pipeline moving into the CIP.  He reported that there was a decrease in Funded by Others totaling $9.2 million and a decrease in revenue-funded projects of approximately $46.7 million due to progress. 

 

Mr. Linville identified the ten programs in the CIP and advised that there were 59 projects within the ten programs.  He identified key projects in each of the programs.  He reported that one of the projects identified in the Administrative Support and Maintenance Facilities Project was a new emergency generator for the Bisso operations and maintenance buildings, which would provide emergency power in the event of a major disaster. 

 

Mr. Bishop advised that this project would enable the District campus to be self-sustaining with backup generation for a period of seven days to two weeks. 

 

Mr. Linville reported that Delta Projects (totaling $96.7 million) contained the largest project, which was the AIP.  He identified the state and federal assumed funding for the project and indicated that the District funding had increased from $64 million to $70 million.  Another project within this program was identified as the Los Vaqueros (LV) Reservoir Expansion Project.  He reported that the EIR and EIS Feasibility Studies should be completed for this project within the next two years.

 

Mr. Linville reviewed the Equipment and Other Capital Purchases Program and identified four significant projects for a total of $15.2 million.  Projects identified within the program included replacement/upgrade of the District’s computer systems; fleet vehicles and heavy equipment, and the GIS Implementation, which would improve the ability to coordinate data on a geographical basis.

 

The Expansion of Services Program total cost was $82.1 million.  Significant projects included the CCWD/Brentwood Water Treatment Plant, at a cost of approximately $39.5 million; the CCWD/Brentwood Water Treatment Plant Expansion, at a cost of $41.1 million; and the Intertie at East Bay Municipal Utility District (EBMUD) Mokelumne Aqueduct for approximately $1.1 million.

 

Mr. Linville reviewed the Future Water Supplies Program and advised that there was $3.7 million for this program.  Projects included the Future Water Supply Study Update and a Future Water Supplies placeholder.  A review of the LV Program identified three significant projects:  the LV Watershed Improvement Project at $2.2 million; the land acquisition project at $1.4 million; and the LV Recreation Facilities and Equipment Project at $1.2 million. 

 

The Treated Water Distribution and Storage Facilities Program included six projects for a total of $66.7 million.  He identified the components as $19 million for the Pipeline Renewal/Replacement Project, $13.1 million for the distribution facilities – Applicant Projects, $15.1 million for the Treated Water Facilities Improvement Program, $6.8 million for the Treated Water Reservoir Rehabilitation Project, and $2.7 million for the Midhill II Reservoir project.   He also identified the Country Club Pump Station Expansion Project as a new project and advised that it would be approximately $1 million.

 

Mr. Linville reviewed the Untreated Water Supply and Transport Program and advised that the cost of the program was $126.7 million.  The largest project within the program was the $69 million Canal Levee Elimination and Flood Mitigation Project (Canal Replacement Project).  He reported that the first phase was funded at $7.5 million and that the remainder of the project would be built in phases as developer and grant funding became available.  Other projects within the program were the Untreated Water Pipeline Project, which was estimated at $18.7 million.  The Untreated Water Facilities Improvement Program was noted at $18.5 million.  The new project within the program was identified as the Mallard Slough Channel Rehabilitation Placeholder, with an estimated cost of $1.7 million. 

 

Mr. Linville advised that the Water Demand Reduction Program had a total cost of approximately $7 million and the only project within the program was the Water Conservation Incentives.  The program would be funded through rates and grants.

 

Mr. Linville advised that the Water Treatment Facilities Improvements Project had a total cost of $96 million.  A significant project was the Bollman Water Treatment Plant (WTP) Improvements with $13.7 million in Priority 2 and $4.8 million in Priority 3. The District would fund approximately one-half of the Randall-Bold WTP Improvements Project and the other portion would be funded by the City of Antioch and the City of Brentwood.  This project has $3.8 million in Priority 2 and $4.4 million in Priority 3.  The Brentwood WTP Improvements Project ($1.7 million in Priority 2) would be funded by the City of Brentwood.  He advised that there would also be a Membrane Filtration placeholder project at Priority 3 for $62 million.    

 

Mr. Linville advised that based on the adopted FY08 budget that the operating costs would be $64.5 million.  He explained how the costs were estimated and noted that the FY08 operating budget was $1.2 million less than assumed last year.   The annual operating cost impact in FY19 was $2.9 million.  He reported that the projects that would significantly impact the District were the Brentwood Water Treatment Plant, the Alternative Intake Project, and the East Bay Municipal Utility District Intertie Project.   

 

Responding to a question from Director Wandry concerning the Brentwood WTP and if the staff would be City of Brentwood employees or District employees, Mr. Linville advised that they would be District employees.  Mr. Wandry asked if the District would be reimbursed by the City of Brentwood for applicable costs including benefits.  Mr. Linville responded that this was correct.  

 

President Campbell commented that some of the projects had been presented at the Operations and Engineering Committee.   He commended Mr. Linville and staff for a job well done.

 

Mr. Linville introduced Assistant General Manager of Administration Kurt Ladensack who presented the Ten-Year Financial Plan. 

 

Mr. Ladensack began his presentation by advising that the plan would address the funding requirements for the full ten-year plan period, including Level 1 and 2 capital projects, the operating costs, debt service, including revenues from all sources and projects rates over the ten-year period. 

 

Mr. Ladensack reported that the key changes in the financial plan were that the plan addressed the uncertainties surrounding the time and availability of assumed state and federal funding for the AIP.  He also stated that the Central Valley Project (CVP) costs were $5 per acre-foot lower than estimated in the previous CIP, which would equate to approximately $11 million in savings over the ten-year period. 

 

Mr. Ladensack reviewed the projected 2008-2017 CIP rate increases and advised that they were consistent with the 2007 rate analysis.  He reported on the reserve drawdowns and advised that the reserves would be drawn down to six months operating levels for the treated and untreated water over ten years.  The ten-year fundable expenditures in the CIP totaled $1.6 billion.  The revenues would fund $1.4 billion and the reserve use was estimated at $78 million.  The plan also included funding from outside sources for $212 million over the ten-year period. 

 

Mr. Ladensack acknowledged and introduced Principal Planner Fran Garland, Rate and Financial Analyst Wayne Niehus, Senior Engineer Jeff Quimby, and Project Controls Manager Lars Sandberg.  He indicated that they had contributed to the preparation of the CIP and Ten-Year Financial Plan. 

 

Mr. Bishop commented positively on the diversification of the District’s finances.  President Campbell and Vice President Anello commented on the District’s financial history and on how the Ten-Year Financial Plan had improved through the years.

 

President Campbell thanked Mr. Ladensack for acknowledging the staff members who had help developed the documents, and he also thanked them.   

 

Director Burgh also commented positively on the documents and commended all staff involved in preparing the CIP and the Ten-Year Financial Plan. 

 

Director Wandry made positive comments on the CIP and Ten-Year Financial Plan and commended staff for their hard work. 

 

Vice President Anello commented positively and thanked staff involved in developing the CIP and Ten-Year Financial Plan.

 

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

 

President Campbell queried the Board on whether to bring the document back to the Board meeting of February 21 for consideration.  It was the consensus of the Board to bring the item back to the February 21 meeting for consideration of adoption.

 

REPORTS FOR DISCUSSION

 

8.         Committee Report(s)

            a.   Bay Area Water and Land Use Committee Post-Meeting Report (1/16/07)

            b.   Bay Area Water Forum Post-Meeting Report (1/22/07)

 

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

           

9.         Schedule Future Meeting Dates and Times

 

There were no future meeting dates and times to schedule. 

 

REPORTS

 

10.        General Manager

 

Mr. Bishop reported that he would be in Washington, D.C. February 15 and 16, and that during that time Assistant General Manager of Engineering Tom Linville would be Acting General Manager.   

 

11.        Legal Counsel

 

Mr. Maddow did not have a report. 

 

12.        Board Members

 

Director Burgh acknowledged President Campbell and Mr. Bishop for their response to Senator Perata’s recent news article concerning storage and the Los Vaqueros Reservoir.  He reported that he would not be attending the WateReuse Conference in March due to a scheduling conflict but that he would like to attend a different WateReuse Conference in September.  He advised that he would not be present at the June 20 Board meeting due to being on vacation.   

 

Director Wandry reported positively on the Delta Discovery Sponsors Voyage that he took on the RV Brownlee on January 20.  He commented that it was interesting, informative and he highly recommended taking it. 

 

President Campbell commented positively on the recent tour he took of the EBMUD Intertie Project and thanked Director of Construction Pete Schoemann for the tour.  He also reported that he attended the Walnut Creek State of the City address on February 6 and the Concord State of the City address on January 24. 

 

CLOSED SESSION

 

13.        Conference with counsel on existing litigation, as allowed under Government Code 54956.9(a):  San Luis & Delta-Mendota Water Authority v. Contra Costa Water District.   

 

At 7:30 p.m., President Campbell announced that the Board would move into closed session to discuss an existing litigation matter and that it did not require the announcement of additional attendees.  

 

RECONVENE FROM CLOSED SESSION

 

14.        Report on closed session. 

 

At 7:50 p.m., President Campbell resumed the meeting and announced that the Board did not take any action on the matter before it.

 

ADJOURNMENT

 

At 7:51 p.m., President Campbell adjourned the meeting to the next regular meeting of the Board of Director scheduled for February 21, 2007, at 6:30 p.m.

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

 

ATTEST:

 

                                               

Sharon L. Burris

District Secretary

 

 
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