CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

April 4, 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

 

­­­­­­­­­­­­­­­­­­Accounting Manager Rick Graziano led the Pledge of Allegiance. 

 

ADOPTION OF AGENDA

 

Mr. Bishop reported that there were changes to the agenda which would require the vote of the Board to add items to the agenda and that there would be one item removed from the agenda.  He advised that Agenda Item No. 14.b Real Property Transaction as allowed under Government Code Section 54956.8 – Property:  Clayton Regency Mobile Home Park Water Supply Contract had been removed from the agenda. 

 

Mr. Bishop reported that information had been received since the posting of the agenda that made it necessary for the Board to consider adding two emergency items.  He advised that under Government Code 54954.2(b) four affirmative votes from the Board were required to determine that immediate action was necessary to add items to the agenda.  He reported that the first item would be a Legislative Report concerning SB 27 – Sacramento-San Joaquin River Delta, Clean Drinking Water, Water Supply Security and Environment Improvement Act of 2008 and explained the timeliness for the District to take a position on the bill.  He recommended that a motion be made to add the Legislative Report to the agenda as Agenda Item No. 9.b.

 

MOTION:  Burgh/Wandry to add Agenda Item No. 9.b. – Legislative Report to the agenda.  The motion carried by a unanimous voice vote. 

 

Mr. Bishop advised that the second emergency item concerned Local 39 negotiations and that the item would need to be considered during closed session.  He recommended that a motion be made to add the item to the agenda and that the title would be Conference with Labor Negotiator as allowed under Government Code 54957.6; Agency Negotiator:  Walter J. Bishop; Employee Organization:  Local 39. 

 

President Campbell advised if the agenda item was added that the number for the item would become Agenda Item No. 14.d. 

 

MOTION:  Boatmun/Anello to add agenda Item No. 14.d – Conference with Labor Negotiator as allowed under Government Code 54957.6; Agency Negotiator:  Walter J. Bishop; Employee Organization:  Local 39.   The motion carried by a unanimous voice vote. 

 

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 – April/May

            b.   Expenses – February/March

            c.   Compensation – March

 

2.         Approve the minutes of March 7, 2007.

 

3.         Approve the warrant register dated April 5, 2007.

 

4.         Adopt Resolution No. 07-09 authorizing the execution of two quitclaim deeds of easement to Clayton Valley Shopping Center, LLC and the O’Brien Group to relinquish easement rights no longer required by the District.   

 

5.         Authorize execution of the necessary documents to U.S. Bureau of Reclamation to grant the permanent easements and encroachment permit to the City of Oakley for the widening of Laurel Road between Mileposts 5.8 and 6.1 on the Contra Costa Canal.   

 

6.         Authorize execution of a pipeline license with Burlington Northern Santa Fe Railway Company for the construction of two treated water lines to service Conco Cement Company in Martinez for a cost not to exceed $10,946. 

 

7.         Authorize execution of an agreement with RMC Water and Environment for professional services on the Alternative Intake Project for an amount not to exceed $150,000.

 

8.         Agreement for Los Vaqueros Watershed Biological Mitigation Monitoring Services

            a.   Authorize execution of a 24-month contract with The Wildlife Project for biological mitigation monitoring services in an amount not to exceed $265,000; and

            b.   Authorize an option for a 12-month extension, based upon performance, for an amount not to exceed $160,000.

 

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

 

ACTION

 

9.         Authorize execution of a contract with Manito Construction for the construction of the Bollman Water Treatment Plant Ozone Quenching System Project in the amount of $1,185,300, with an 8% change order authority of $94,824 for a total amount not to exceed $1,280,124.

 

Mr. Bishop advised that the item was on the consent calendar due to the amount of the contract.  He commented on the successful bidding of the project and that the bid was within the engineer’s estimate.

 

Director Burgh commented on the wide array of well-known bidders for the project.  He also commented that it reflected good marketing within the construction community for work done by the District.

 

MOTION:  Boatmun/Wandry to authorize execution of a contract with Manito Construction for the construction of the Bollman Water Treatment Plant Ozone Quenching System Project in the amount of $1,185,300, with an 8% change order authority of $94,824 for a total amount not to exceed $1,280,124.  The motion carried by a unanimous voice vote. 

 

9.b.       Legislative Report

 

                  Mr. Bishop reported that SB 27 (Simitian) – Sacramento-San Joaquin River Delta Clean Drinking Water, Water Supply Security and Environment Improvement Act of 2008 was scheduled to be heard at the Senate Natural Resources and Water Committee Hearing on April 10, 2007.  He also advised that the District’s state lobbyist Julee Malinowski-Ball recommended that the District take a position on the bill before the hearing took place.  The District’s recommended position was to Support the bill.

 

Mr. Bishop advised that the bill was consistent with the Board’s existing policy and specifically listed the District’s Staged Conveyance actions.  The actions included emergency preparedness, water quality improvement in the Delta, and ecosystem restoration.  He identified three specific Delta projects for early implementation.  The first project was construction of cutoff levees and stockpiling emergency repair materials in the Delta.  A second project was the funding for Frank’s Tract Pilot Project using bond funds.  New fish screens at Clifton Court Forebay was the third project.  

 

Discussion took place on the alternatives included in the bill related to the Delta Vision process. 

 

Responding to a question from Director Boatmun concerning language in the bill, Mr. Bishop replied that the District had participated in drafting the bill.

 

Discussion took place on the projects and the need to designate local sponsors for each project. 

 

Director Wandry acknowledged that if this bill was approved by the Board, a letter of support would be sent, and asked if the District would appear at the committee hearing.  Mr. Bishop replied that the District had made this request.    

 

President Campbell commented on a discussion that had taken place during the Sacramento Legislative visits on March 6 with a staff person from Senator Simitian’s office.  He reported that the bill was consistent with the conversation that had taken place.     

 

President Campbell asked if anyone in the public would like to comment on the item.  There were no comments. 

 

MOTION:  Wandry/Anello to Support SB 27 – Sacramento-San Joaquin River Delta, Clean Drinking Water, Water Supply Security and Environment Improvement Act of 2008.  The motion carried by a unanimous voice vote. 

 

REPORTS FOR DISCUSSION

 

10.        Schedule Future Meeting Dates and Times

 

Mr. Bishop advised that the District’s  Federal Lobbyist Marcus Faust and the State Lobbyist Julee Malinowski-Ball were available on June 8 for the next Board Study Session.   He also advised that June 29 was also a possibility.  Director Burgh and Director Boatmun advised that they would not be available on June 8.  President Campbell and Director Boatmun advised that they would not be available on June 29.  Mr. Bishop reported that alternative dates would be explored for the Board Study Session.   

 

REPORTS

 

11.        General Manager

 

Mr. Bishop introduced the new Accounting Manager Rick Graziano and welcomed him to the District.  He also reported briefly on his trip to Los Angeles and meeting with Los Angeles Deputy Mayor Nancy Sutley on March 29. 

 

12.        Legal Counsel

 

Mr. Maddow reported briefly on the Department of Water Resources and the California Endangered Species Act.  He advised that the 15-day period for the initial responses from Department of Water Resources would end on April 11, 2007. 

 

Mr. Maddow also advised that he would be on vacation April 5-21 and that Attorney Carl Nelson would be attending the April 18 Board meeting in his absence.   

 

13.        Board Members

 

Director Burgh reported that he would be joining the Bakersfield East Rotary Club for lunch on April 13 as a guest of Boardmember Larry Gallagher, from the Kern County Water Agency.  He also commented positively on the District’s Annual Report and the excellent variety of graphics used in the publication.  

 

Director Boatmun reported on the Industrial Association meeting she attended earlier in the day.  She commented on vocational programs that were being implemented in the John Swett and Mt. Diablo Unified School Districts and Los Medanos Community College for students to work in industries, including the water industry.   She advised that she had offered the District as a contact for water-related information.  She commented positively on a program being offered at Los Vaqueros Reservoir on April 28 for disabled children.   She advised that she would be out of town during that time and would not be able to attend.

 

Director Boatmun also commented on the RV Brownlee report and the positive impression that the program makes on the community and the expense vs. experience gained.  President Campbell also commented that there were now other sponsors participating in the project. 

 

Director Boatmun advised that she would be attending the Mayors’ Conference on April 5. 

 

Vice President Anello reported that she would also be attending the Mayors’ Conference on April 5 as well as the Contra Costa Special Districts Association meeting on April 16.  She advised that she would not be attending the reception for Representative Jerry McNerney on April 12. 

 

Director Wandry advised that there was a possibility that he would not be able to attend the Board meeting April 18.  He reported that he attended the Association of California Water Agencies California Water Town Hall meeting on March 29.   He noted that it was a good presentation for the general community where water issues could be discussed.    

 

President Campbell welcomed Mr. Graziano to the District. 

 

Mr. Bishop presented each Boardmember with a framed copy of the painting and letter of appreciation received from Liberty Bayou.  He acknowledged Information Specialist Jim Freschi for his expertise in framing the letter and picture.  He noted that the employees who traveled to Louisiana and provided assistance to Liberty Bayou during the aftermath of Hurricane Katrina would also be presented with copies of the letter and painting as a memento for their efforts.   

 

Director Burgh commented that he had made a presentation to his rotary club at the time the District participated in providing assistance to Liberty Bayou.  He advised that he would be taking the picture with him to the rotary club meeting on April 5.     

 

CLOSED SESSION

 

14.        Real Property Transaction as allowed under Government Code Section 54956.8 –

(three cases)

a.   Property:  Victoria Island Farms – APN 129-190-030; Negotiating Party:  Victoria Island Farms; District Negotiator: Walter J. Bishop; Issue:  Instruct Negotiator on Terms and Price.

b.   Property:  Clayton Regency Mobile Home Park Water Supply Contract; Negotiating Party:  Clayton Regency LLC and Contra Costa County; District Negotiator:  Walter J. Bishop; Issue:  Instruct Negotiator on Terms and Price.

c.   Property:  Holland Tract – APN 023-030-003; Negotiating Party:  Wildlands, Inc.; District Negotiator:  Walter J. Bishop; Issue:  Instruct Negotiator on Terms and Price.

d.  Conference with Labor Negotiator as allowed under Government Code 54957.6

Agency Negotiator:  Walter J. Bishop; Employee Organization:  Local 39.

 

At 7:02 p.m., President Campbell announced that the Board would move into closed session.  There were three matters before the Board.  Two of the matters concerned real property negotiations.  The additional attendees for the item regarding Victoria Island Farms would be Assistant General Manager of Administration Kurt Ladensack and Watershed and Lands Manager Bill Chilson.   The additional attendees for the item concerning Holland Tract would be Assistant General Manager of Planning/Delta Projects Greg Gartrell and Director of Planning Jerry Brown. 

 

The additional attendee for the matter concerning labor negotiations would be the Human Resources and Risk Manager Elia Bamberger. 

 

RECONVENE FROM CLOSED SESSION

 

15.        Report on closed session. 

 

At 7:40 p.m., President Campbell reconvened the meeting and announced that the Board did not take any action on the matters before it. 

 

ADJOURNMENT

 

At 7:41 p.m., President Campbell adjourned the meeting to the next regular meeting of the Board of Directors scheduled for April 18, 2007, at 6:30 p.m.

 

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

 

ATTEST:

 

                                               

Sharon L. Burris

District Secretary