CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

April 18, 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:                           Carl P.A. Nelson

            District Secretary:                      Sharon L. Burris

 

PLEDGE OF ALLEGIANCE

 

­­­­­­­­­­­­­­­­­­Director of Construction Pete Schoemann led the Pledge of Allegiance. 

 

ADOPTION OF AGENDA

 

Mr. Bishop advised that Agenda Item No. 12 – Conference with Labor Negotiator as allowed under Government Code 54957.6 was being removed from the agenda.  

 

PUBLIC COMMENT 

 

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

 

CONSENT

 

1.         Approve the minutes of March 21, 2007.

 

2.         Approve the warrant register dated April 19, 2007.

 

3.         Authorize a transfer of $275,000 to the General Manager’s FY07 Operating Contingency budget from the FY07 General District Activities Legal Services budget.

 

President Campbell advised that there was a memo before the Board revising the minutes of the March 21, 2007 Board meeting and approval of the consent calendar would include approving the revised minutes.   

 

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

 

ACTION

 

4.         Adopt Resolution No. 07-10 authorizing execution of an amendment to the sole source agreement with the United States Department of the Interior Bureau of Reclamation for the Los Vaqueros Reservoir Expansion Project for an additional amount not to exceed $1,000,000 for an agreement total not to exceed $2,500,000. 

 

Mr. Bishop reported that this item was placed on the action calendar due to the amount of the agreement.  Approval of this amendment with the Bureau of Reclamation would provide an additional $1,000,000 for the Los Vaqueros Expansion Studies.  The additional funding would support the ongoing environmental review and federal feasibility studies.  

 

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

 

MOTION:  Boatmun/Wandry to adopt Resolution No. 07-10 authorizing execution of an amendment to the sole source agreement with the United States Department of the Interior Bureau of Reclamation for the Los Vaqueros Reservoir Expansion Project for an additional amount not to exceed $1,000,000 for an agreement total not to exceed $2,500,000.  The motion carried by a unanimous voice vote. 

 

5.         Authorize a $9,967,000 increase in the Construction Department’s FY07 Capital budget as follows:  Contra Costa Water District/City of Brentwood Water Treatment Plant $7,808,000, Midhill II Reservoir $1,424,000, Treated Water Facilities Improvements $435,000 and Intertie at East Bay Municipal Utility District Mokelumne Aqueduct $300,000. 

 

Mr. Bishop reported that this was a very positive recommendation and that the Director of Construction Pete Schoemann would be providing a presentation. 

 

Mr. Schoemann reported that four District projects were ahead of schedule relative to the assumptions when the FY07 and FY08 budgets were adopted and budget adjustments were necessary.   The budget adjustments were consistent with overall project costs included in the Capital Improvement Program.  He noted that favorable weather conditions and adaptive management practices were contributing factors to the timing of the projects and that approximately $370,000 would be saved in construction management costs by completing the projects ahead of schedule. 

 

Mr. Schoemann identified the four projects and the completion dates.  The new treatment plant for the City of Brentwood was the first project.  Mr. Schoemann advised that the project should be completed in the fall of 2008.  The Midhill II Reservoir Project was the second project and the anticipated completion date was November 2007.  The third project was San Miguel Pump Station Project, with a completion date of July 2007.  The Intertie at East Bay Municipal Utility District Mokelumne Aqueduct was the fourth project and the completion date was July 2007. 

 

President Campbell commented that he had been following the projects though the construction reports and commended staff for doing a terrific job.  He asked if anyone in the public would like to comment on the item.  There were no public comments.

 

Director Burgh acknowledged that weather conditions contributed to the project being ahead of schedule.  However, he emphasized that good construction management was also a factor and he complimented staff on their expertise.    

 

Referencing the water treatment plant, Mr. Bishop credited the City of Brentwood (City) for supporting the District and the construction staff during the partnering meetings for the project.   He commented that the City was a very supportive partner for this project. 

 

MOTION:    Boatmun/Anello to authorize a $9,967,000 increase in the Construction Department’s FY07 Capital budget as follows:  Contra Costa Water District/City of Brentwood Water Treatment Plant $7,808,000, Midhill II Reservoir $1,424,000, Treated Water Facilities Improvements $435,000 and Intertie at East Bay Municipal Utility District Mokelumne Aqueduct $300,000.  The motion carried by a unanimous voice vote. 

 

6.         Legislative Affairs Report – April 2007

            Review update on legislative issues and adopt District positions for the following:  State Legislation AB 1260 (Caballero) – Local Government Taxes, Fees Assessments:  Changes – Support;  AB 1406 (Huffman) – Recycled Water – Favor; AB 1420 (Laird) – Water Demand Management Measures: Grant or Loan – Support if Amended; SB 220 (Corbett) – Vended Water – Favor; and SB 1029 (Ducheny) – Drinking Water Standards – Support, and Federal Legislation HR 1495 (Oberstar) – Water Resources Development Act of 2007 – Support. 

 

Mr. Bishop noted that Director of Public Affairs Patty Friesen would be making a presentation.  He also advised the Board that the action taken at the Board meeting on April 4, 2007 resulted in a letter of support for SB 27 being sent to Senator Steinberg. 

 

Ms. Friesen reported on the following state bills and noted that they were positive legislative actions promoting good public policies: 

 

AB 1260 (Caballero) – Local Government Taxes, Fees Assessments: Changes – This bill addressed ratepayer notification of a rate hearing required by Proposition 218.  The proposed legislation clarifies who needs to be notified of a rate hearing, the property owner or the customer.  It defines the “record owner” for purposes of a rate hearing as the person or entity who requests or receives the services for which the fee or charge is levied.  Ms. Friesen advised that sponsors of the bill included the Association of California Water Agencies (ACWA), the League of Cities and California Special Districts Association (CSDA).  The District’s recommended position on the bill was Support.

 

AB 1406 (Huffman) – Recycled Water – Ms. Friesen advised that under existing law the use of potable water for toilets inside “structures” was an unreasonable use of water, if recycled water was available.  She reported that the bill would include the word “condominiums” in the meaning of “structure” to enable condominiums to use recycled water.  Current regulations permit the indoor use of recycled water in apartment buildings but not in condominiums because they are individually owned.  This change in existing law would present a significant opportunity to use recycled water in apartment-style condominiums.  The District’s recommended position was to Favor this bill. 

 

AB 1420 (Laird) – Water Demand Management Measure: Grant or Loan – Ms. Friesen reported that the bill conditions eligibility for any grant or loan from the Department of Water Resources on the implementation of water conservation measures.  She advised that the District was a signatory to the Memorandum of Understanding regarding Urban Water Conservation in California and that the District complies with the required Best Management Practices and supports conservation measures.  The District would like the bill to define how it could grant eligibility with implementation of conservation measures in a fair and equitable manner.  Another issue was that the bill would put the Council, a voluntary organization, in the position of determining eligibility for its member agencies.  The determination should be left to the regulatory agencies and District would seek an amendment to clarify this issue.  The recommended position for the bill was to Support if Amended. 

 

SB 220 (Corbett) – Vended Water – Ms. Friesen reported that the bill would provide important consumer protection for bottled and vended water.  Many consumer protections in place for tap water do not apply to bottled or vended water.  The bill would require easy access to water quality information for bottled water products and clear labeling and regular inspections of vended water facilities.  Disclosure of water quality information required of public water agencies should also apply to vended and bottled water supplies for consistency and consumer protection.  A Favor position was recommended for this legislation.  

 

SB 1029 (Ducheny) – Drinking Water Standards – This bill would require regulations adopted by the State Department of Public Health related to primary and secondary drinking water standards to become enforceable and take effect no later than 60 days from the date of adoption.  The bill allows the Department to adopt by reference specified federal rules and regulations other than those relating to the maximum contaminant level of primary and secondary drinking water standards.  Ms. Friesen noted that when federal drinking water standards had been adopted in the past, that it had taken the state regulatory agencies years to complete the state adoption process.  This delay created unnecessary inconsistencies and confusion about the effective date of new drinking water standards.  She advised that ACWA was sponsoring the legislation and it was recommended that the District Support the bill. 

 

Ms. Friesen reported on the following federal legislation: 

 

HR 1495 (Oberstar) – Water Resources Development Act (WRDA) of 2007 – Ms. Friesen advised that the bill provided funding for the U.S. Army Corp of Engineers (Corp) to carry out its mission to provide for the conservation and development of water and related resources.  The bill would authorize $14 billion for the Corp to carry out approximately 500 water resources studies and construction projects that had been included in the recent WRDA bills without adding new projects.   The legislation is being monitored to ensure funding authorization in the amount of $23 million for the Contra Costa Canal Replacement Project.  The recommended position for the bill was to Support. 

 

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

 

Director Boatmun asked if the same criteria would apply for water bottled from out of the state or out of the country.   Mr. Bishop replied that if the water was sold in the state it would have to meet the requirements.  

 

MOTION:  Boatmun/Wandry to adopt District positions for the following:  State Legislation AB 1260 (Caballero) – Local Government Taxes, Fees Assessments:  Changes – Support;  AB 1406 (Huffman) – Recycled Water – Favor; AB 1420 (Laird) – Water Demand Management Measures: Grant or Loan – Support if Amended; SB 220 (Corbett) – Vended Water – Favor; and SB 1029 (Ducheny) – Drinking Water Standards – Support, and Federal Legislation HR 1495 (Oberstar) – Water Resources Development Act of 2007 – Support.  The motion carried by a unanimous voice vote. 

 

REPORTS FOR DISCUSSION

 

7.         Committee Report(s)

            a.   Bay Area Water Forum Post-Meeting Report (3/27/07)

            b.   Public Information and Conservation Committee Post-Meeting Report (3/30/07)

            c.   Operations and Engineering Committee Post-Meeting Report (4/5/07)

            d.   Board of Supervisors’ Transportation, Water and Infrastructure Committee Post-Meeting Report (4/9/07)

 

Director Burgh commented on the Bay Area Water Forum post-meeting report and advised that the management structure for the Integrated Regional Water Management Plan (IRWMP) process was beginning to be defined. 

 

Responding to a question from Director Boatmun concerning the Public Information and Conservation Committee and Bancroft Gardens, Mr. Bishop replied that the item was not agendized for this meeting.  He also advised that Director Boatmun could bring the subject up during director comments. 

 

Director Boatmun commented on the Board of Supervisors’ Transportation, Water and Infrastructure Committee meeting held on April 9 and the Contra Costa Council Water Task Force meeting on April 17.  She reported that both committees had requested that Assistant General Manager of Planning/Delta Projects Greg Gartrell make a presentation to the Board of Supervisors concerning SB 27 and the staged conveyance strategy. 

 

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

 

8.         Schedule Future Meeting Dates and Times

 

Director Boatmun reported that she had a Health Benefit Authority conference call on April 19 at 11:00 a.m.

 

REPORTS

 

9.         General Manager

 

Mr. Bishop reported that there would be an item on the May 2 Board meeting addressing water conservation communication.  Discussion took place on proposed water allocations for various water districts and reservoir levels. 

 

Mr. Bishop also commented on the recent court ruling concerning the Department of Water Resources and the Department of Fish and Game permitting for state export operations.  He also reported briefly on his recent trip to Washington, D.C. on behalf of the American Water Works Association Research Foundation (AwwaRF), the American Water Works Association (AWWA) and the District. 

 

10.        Legal Counsel

 

Mr. Nelson did not have a report. 

 

11.        Board Members

 

Director Wandry noted that ACWA’s Executive Director Steve Hall would be retiring.  He also noted that Mr. Hall was requesting that agencies support the ACWA Water Law and Policy Scholarship in lieu of resolutions or proclamations.  Director Wandry suggested that the District support this effort in Mr. Hall’s honor and agendize an item for the May 2, 2007 meeting.  Discussion took place on the topic and Mr. Bishop commented that he was awaiting a legal opinion on this issue. 

 

President Campbell noted that according to the rules that the Board has chosen to govern themselves by that, when a Director requests an item be placed on the next agenda that a second would be required, but that it did not require a majority.  He asked if there was a second.  Director Boatmun seconded.  President Campbell stated that the Board could have the discussion at that time. 

 

Director Burgh commented on a recent newspaper article concerning smog in the central valley. 

 

Director Boatmun reported that she and Director Burgh attended the ACWA Region 5 event on April 15 and 16.  She commented on the presentation concerning water tables given by Zone 7 General Manager Jill Duerig.  She also commented on a presentation by Dr. Brendan Doer from Lawrence Livermore Laboratory concerning grants. 

 

Director Boatmun reported that Contra Costa County Supervisor John Gioia was the guest speaker at the Contra Costa Special Districts Association meeting on April 16.  She also advised that she would not be attending the Board meeting on May 2. 

 

Vice President Anello reported that she would be attending the Retirement Committee meeting on April 20.

 

President Campbell commented on two envelopes in his Board packet that were marked confidential and did not have return addresses.  He stated that in keeping with his practice, he returned the envelopes to staff unopened.  He also commented on a thank you card the Board received from long-time, former courier driver Perry “Mac” McIlvaine.    He reported on the Representative Jerry McNerney luncheon he attended with staff and on April 12. 

 

CLOSED SESSION

 

12.        Conference with Labor Negotiator as allowed under Government Code 54957.6; Agency Negotiator:  Walter J. Bishop; Employee Organization:  Local 39. 

 

 

RECONVENE FROM CLOSED SESSION

 

13.        Report on closed session. 

 

ADJOURNMENT

 

At 7:17 p.m., President Campbell adjourned the meeting in the respect, memory and condolences for the victims and families of those involved in the recent Virginia Tech tragedy.  The next regular meeting of the Board of Directors was scheduled for May 2, 2007, at 6:30 p.m.

 

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

ATTEST:

 

                                               

Sharon L. Burris

District Secretary