CONTRA COSTA WATER
DISTRICT
BOARD OF DIRECTORS
REGULAR MEETING
March 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
Bette Boatmun
John
A. Burgh
Karl
L. Wandry
General Manager: Walter
J. Bishop
Legal
Counsel: Robert
B. Maddow
District
Secretary: Sharon
L. Burris
PLEDGE OF ALLEGIANCE
Temporary Canal Safety Guard Bob Malm led the Pledge of
Allegiance.
ADOPTION OF AGENDA
Mr. Bishop removed Agenda Item No. 16 – 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 from the agenda and advised that
there would not be a closed session.
PUBLIC COMMENT
President Campbell asked if there were any public
comments. There were no public comments.
STAFF RECOGNITION
1. Commendation
presentation to Canal Patrol Officers Shane Pinto and Bob Malm for rescuing a man
from the Walnut Creek Flood Control Channel.
President Campbell commended Mr. Malm and Mr. Pinto for the actions
taken to rescue a man from the flood control channel. He explained the circumstances surrounding
the situation and thanked them for their responsiveness and for using good
judgment beyond the scope of their duties.
Director Boatmun thanked Mr. Malm and Mr. Pinto.
Director Burgh commended Mr. Malm and Mr. Pinto for their efforts in
doing what was right.
Director Wandry commented that he had worked with emergency services in
the past and thanked them for their responsiveness.
Vice President Anello thanked them for accomplishing an extraordinary
feat and saving a life.
President Campbell presented Mr. Malm and Mr. Pinto with a commendation
for their efforts on behalf of the Board.
CONSENT
2. Approve
Directors’ Services/Business and Travel Expenses
a. Future
Services – March
b. Expenses
– January/February
c. Compensation
– February
3. Approve the minutes from the January 25, 2007
Board Study Session.
4. Approve the warrant register dated March 8, 2007.
5. Adopt Resolution No. 07-05 authorizing
execution of a non-exclusive perpetual easement to Venoco, Inc. for the
operation and maintenance of a natural gas pipeline.
6. Adopt Resolution No. 07-06 authorizing
execution of an amended agreement to accept grant funding from the California
Department of Water Resources to implement Phase 1
of the Contra Costa Canal
Replacement Project, in an amount not to exceed $7,313,716.
7. Revision of Procedures Manual for Board
Members
a. Adopt Resolution No. 07-07 amending Chapter
2.16.030 of the District’s Code of Regulations pertaining to attendance at
District-related activities, and
b. Approve
revision of the Procedures Manual for Board Members.
8. Authorize execution of an agreement
with Kennedy/Jenks for consulting services to prepare the 2007 Sanitary Survey
Update, in an amount not to exceed $82,500.
Director Boatmun and Director Wandry indicated that they
had questions concerning Agenda Item No. 7 – Revision of Procedures Manual for
Board Members.
MOTION: Burgh/Wandry to
approve the consent calendar with the exception of Agenda Item No. 7. The motion carried by a unanimous voice
vote.
7. Revision
of Procedures Manual for Board Members
a. Adopt Resolution No. 07-07 amending Chapter
2.16.030 of the District’s Code of Regulations pertaining to attendance at
District-related activities, and
b. Approve
revision of the Procedures Manual for Board Members.
Director Boatmun referenced Page 12 of the Board Procedures
Manual concerning Boardmembers meeting in closed session to address an issue
related to another Boardmember. She commented
on a situation where a similar action had taken place at another agency and the
repercussions that the agency had experienced.
She asked if the general manager would be in closed session meetings of
this nature. Mr. Bishop advised that the
language in the procedures manual was referring to dealing with the actions of
a Boardmember as it affects the performance of the general manager. President Campbell commented that the
language was intended for use where a Boardmember had an issue with staff.
Mr. Maddow advised that if this was the type of closed
session that President Campbell had just addressed that the general manager
would be present. Mr. Maddow also advised
that if the situation dealt with the functioning of some aspect of the business
of the District that it would fall under the closed session citing for a public
employee performance evaluation specifically for the general manager.
Director Boatmun was satisfied that her concern had been
addressed.
Director Wandry then addressed his question. He noted that it was discussed at the January
25 Board Study Session that director rotation be revised for the Board
Legislative Trip to Washington,
D.C. He commented on Page 5 of the Board Procedures
Manual and noted that the new language referencing Director rotation for
attendance to legislative visits should also apply to the annual legislative
visit to Sacramento. He recommended that the sentence stating that
“Effective March 2007, a director not
able to attend during his or her numerical turn will be allowed to trade turns
only with the director whose turn immediately follows, and subject to agreement
of that director” should be placed after the paragraph titled Director Attendance at the Annual
Legislative Visit to Sacramento.
MOTION:
Wandry/Boatmun moved to approve Item No. 7 – Revision of Procedures
Manual for Board Members with the noted revision. The motion carried by a unanimous voice vote.
ACTION
9. Authorize execution of a contract with
JMB Construction, Inc. for the construction of the South Pleasant Hill Main
Replacement Project in the amount of $1,100,554, with a change order authority
of $110,055, for a total amount not to exceed $1,210,609.
Mr. Bishop advised that the project was placed on the
action calendar due to the amount. He reported
that the project would replace approximately 5,000 feet of water mains in the
cities of Pleasant Hill and Walnut Creek.
The project was presented to the Operations and Engineering Committee on
June 8, 2006
and was funded in the Capital Improvement Program and in the FY07 and FY08
Construction Department budget. He
advised that staff’s recommendation was to award the bid to JMB Construction,
Inc., the apparent low bidder for the project.
Director Burgh commended staff for the quality of work that
they perform.
MOTION: Boatmun/Anello to
authorize execution of a contract with JMB Construction, Inc. for the
construction of the South Pleasant Hill Main Replacement Project in the amount
of $1,100,554, with a change order authority of $110,055, for a total amount
not to exceed $1,210,609. The motion
carried by a unanimous voice vote.
10. Legislative
Affairs Report – March 2007
Review update on legislative issues and adopt District
positions for the following: State
Legislation AB 41 (La Malfa) – Water Resources:
Bond Proceeds – Watch; AB 224
(Wolk) – Water Supply Planning – Watch;
SB 8 (Kuehl) – California Bay-Delta Authority Act – Watch; SB 59 (Cogdill) – Reliable Water Supply Bond Act of 2008 –
change from Watch to Support if Amended; and SB 258 (Ducheny)
– Water Use Fees – Watch.
Mr. Bishop advised that staff would like to revise the recommended action from Support if Amended to Support on the SB 59 (Cogdill) –
Reliable Water Supply Bond Act of 2008. He noted that Director of Public Affairs Patty
Friesen would be providing an update on the legislative report.
Ms. Friesen reported that there were five bills for the
Board’s consideration and reported on the following bills:
AB 41 (La Malfa)
– Water Resources: Bond Proceeds – Ms. Friesen advised that this bill was
the vehicle for Assembly Republicans to engage in discussion on surface water
storage. The bill was a spot bill and a
companion bill to SB 59 (Cogdill) the Reliable Water Supply Bond Act, which was
a part of the Governor’s Strategic Growth Plan.
Ms. Friesen advised that the District’s recommended position was to Watch this bill.
AB 224 (Wolk) –
Water Supply Planning – The bill would require climate change analysis be
included in water planning. Ms. Friesen
identified the plans as the California Water Plan, the Urban Water Management
Plan, and the Agricultural Water Management Plan. She noted that this would raise a policy
question regarding the ability of individual water users to assess climate
change effects on future water supplies.
The District recommended a position of Watch.
SB8 (Kuehl) –
California Bay Delta Authority – Ms. Friesen advised that this bill
would require that environment justice be added to the list of elements in the
CALFED Program. She also advised that
the future of CALFED was unclear and that adding elements may be premature at
this time. The District’s recommended
position was to Watch the bill.
SB 258 (Duheny) –
Water User Fees – Ms. Friesen advised that the Division of Water Rights had
been challenged in court by CCWD and other Districts on its methodology and
application of user fees. The bill
attempts to provide a platform for the State Water Resources Control Board to
assess fees in the administration of water rights in a fair and equitable
manner. This bill could be the
appropriate vehicle to address and resolve the issues with the State Water
Resources Control Board. The recommended
District position was to Watch this
bill.
SB 59 (Cogdill) –
Reliable Water Supply Bond Act – Ms. Friesen advised that the bill
provided for $2 billion for surface water storage projects and $1 billion for
Delta sustainability. She reported that
the goal of the legislation was to support the water community and the need for
surface water storage. The bill needed
support from the water community-at-large to be heard in the Senate Natural
Resources and Water Committee. The
author of the bill was committed to supporting the District’s interests
including Delta sustainability projects, which would provide immediate
results.
She commented that Mr. Bishop had noted at the beginning of
the meeting that the recommended action for the bill had changed and the
District was now recommending a position of Support
on this bill.
President Campbell asked if there were any public
comments. There were none.
Director Boatmun asked if any of the language had changed
since the original bill. Mr. Bishop
replied no. Discussion took place on the
language and the District’s position on the bill and it was the consensus of
the Board to take a position of Support.
MOTION: Boatmun/Wandry to
adopt District positions for the following:
State Legislation AB 41 (La Malfa) – Water Resources: Bond Proceeds – Watch; AB 224 (Wolk) – Water Supply Planning – Watch; SB 8 (Kuehl) – California Bay-Delta Authority Act – Watch; SB 59 (Cogdill) – Reliable Water
Supply Bond Act of 2008 – Support;
and SB 258 (Ducheny) – Water Use Fees – Watch. The motion carried by a unanimous voice
vote.
REPORTS FOR DISCUSSION
11. Committee
Report(s)
a. Retirement Committee Post-Meeting Report
(2/23/07)
President
Campbell asked for comments on the committee report. There were no comments.
Director
Burgh advised that he was a new observer on the Retirement Committee, and expressed
his appreciation to Assistant General Manager of Administration Kurt Ladensack
for the briefing provided relative to the committee.
12. Schedule
Future Meeting Dates and Times
Mr.
Bishop reminded the Board of the Association of California Water Agencies Town
Hall meeting being held on March 29 in Concord. He advised that the District was one of the
sponsors of the meeting and that he had been asked to serve on the panel being
facilitated by Huell Howser.
REPORTS
13. General
Manager
Mr. Bishop introduced and welcomed the new Director of
Finance Brice Bledsoe to the meeting. He
also commented that the Accounting Manager position previously held by Mr.
Bledsoe would be filled on March 19.
14. Legal
Counsel
Mr. Maddow reported on a series of cases and a recent court
decision involving National Pollutant Discharge Elimination System (NPDES) permits
required for moving of water between hydrologic basins.
Discussion took place on NPDES permitting and how the court
decision would impact water districts.
15. Board Members
Vice
President Anello did not have a report.
Director
Burgh commended Mr. Malm and Mr. Pinto for their efforts and for being good samaritans
for the District. He also commended
staff on winning two National American Water Works Association awards and noted
that the awards were given to only three agencies in the United States.
Director
Boatmun reported on the Water Education Foundation Executive Briefing that she
attended on February 22 and 23 in Sacramento. She advised that the briefing was interesting
and informative. Some of the topics covered
were the Colorado River, perchlorate, urban
runoff and climate change. She also
noted that she would be attending the Contra Costa Council Delta Vision
Committee meeting on March 9. President
Campbell commented that he was aware of the meeting and that the meeting was
primarily staff driven.
Director
Wandry reported on the Sacramento Legislative Visit Day that he attended on
March 6 with President Campbell, Mr. Bishop, Ms. Friesen, and the District’s
State Lobbyist Julee Malinowski-Ball. He
advised that it was a positive trip and that the District comments and concerns
were well received by the legislators.
He noted that some of the legislators they met with included Assemblymember
Ira Ruskin, and a staff person from Assemblymember Guy Houston’s office. Assemblymember Mark DeSaulnier and Senator
Tom Torlakson met jointly with staff.
President
Campbell also reported on the Sacramento Legislative Visit Day on March 6. He also advised that the meetings were very
positive and that the District’s messages were well received. He
commented that Assemblywoman Loni Hancock was very gracious. He also noted that he had received a letter
without a return address and in keeping with his practice, he retuned the
letter to staff, unopened.
CLOSED
SESSION
16. 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.
RECONVENE
FROM CLOSED SESSION
17. Report on closed session.
ADJOURNMENT
At 7:21 p.m., President Campbell adjourned the
meeting to the next regular meeting of the Board of Director scheduled for March 21, 2007,
at 6:30 p.m.
Joseph
L. Campbell, President
ATTEST:
Sharon L. Burris
District Secretary
