CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

May 16, 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

 

Watershed and Lands Manager Bill Chilson led the Pledge of Allegiance. 

 

ADOPTION OF AGENDA

 

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

 

PUBLIC COMMENT 

 

President Campbell acknowledged and welcomed Concord resident Bird Morningstar to the meeting.  

 

Mr. Morningstar addressed the Board and commented positively on the District’s 2006 Annual Report.  He noted the importance of water conservation and commented that he was encouraging his clients to conserve water through effective water management.  He advised that his goal for the year was to educate the public about water. 

 

President Campbell thanked Mr. Morningstar for his positive comments. 

 

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

 

CONSENT CALENDAR

 

1.         Approve Directors’ Services/Business and Travel Expenses

            a.   Future Services – June

           

2.         Approve the minutes of April 18, 2007.

 

3.         Approve the warrant register dated May 17, 2007.

 

4.         Participation in Bay-Delta Conservation Plan

            a.   Adopt Resolution No. 07-12 supporting development of the Bay Delta Conservation Plan; and

            b.   Authorize execution of the Bay Delta Conservation Plan Planning Agreement. 

 

5.         Agreement with the State Resources Agency to Manage Water Quality and Delta Fisheries Research Project

            a.   Authorize execution of an agreement with the State Resources Agency to manage the water quality and Delta fisheries research project in an amount not to exceed $117,000;

            b.   Determine that it is in the best interest of the District to allow a former employee, Dr. Richard A. Denton, to be engaged as a consultant to provide assistance with the research project; and

            c.   Authorize execution of an agreement in conformance with District Regulations Chapter 3.05 with Dr. Richard A. Denton for consulting services, in an amount not to exceed $18,000.

 

6.         Authorize execution of agreements with Western Area Power Administration for the design of the transmission lines to serve the Alternative Intake Project, in an amount not to exceed $150,000.  

 

7.         Authorize amended agreements with Reclamation District 2040 and Victoria Island Farms in an amount of $120,000 providing for reimbursement of staff and crop damage costs during the design phase of the Alternative Intake Project for a revised total amount not to exceed $170,000. 

 

8.         Authorize execution of a second amendment to the Joint Funding Agreement for railroad crossing improvements adjacent to Pumping Plant No. 1 between Contra Costa Water District, Diablo Water District, East Bay Regional Park District and Ironhouse Sanitary District, to increase CCWD’s share of the local funding from $125,000 to $289,000. 

 

President Campbell removed Item No. 1.a. from the agenda.

 

Director Boatmun commented that she had driven to the Association of California Water Agencies (ACWA) Region 5 event on April 15 and that Director Burgh had driven on April 16.  She requested that her mileage reimbursement be corrected to reflect this change.  President Campbell requested that, since this was not on the current agenda, the Board should take this as information for the District Secretary. 

 

Director Boatmun removed agenda Item No. 4 from the agenda. 

 

MOTION:  Burgh/Anello to approve the consent calendar with the exception of Agenda Items Nos. 1.a. and 4.  The motion carried by a unanimous voice vote.

 

1.         Approve Directors’ Services/Business and Travel Expenses

            a.   Future Services – June

 

President Campbell noted that this item was regarding ACWA Region 2 and a tour of Lake Shasta.  He asked Director Boatmun if her attendance at this event would enrich the District.  Director Boatmun responded yes.  She commented that tours of the Shasta Dam had been closed to the public and other agencies since 9/11 and that Region 2 had been able to secure a tour.  She added that the District’s water supply initiated at Shasta. 

 

MOTION:  Campbell/Burgh to approve Directors’ Services/Business and Travel Expenses

a.  Future Services – June.  The motion carried by a unanimous voice vote. 

 

4.         Participation in Bay-Delta Conservation Plan

            a.   Adopt Resolution No. 07-12 supporting development of the Bay Delta Conservation Plan; and

            b.   Authorize execution of the Bay Delta Conservation Plan Planning Agreement. 

 

Responding to a question from Director Boatmun concerning the other participants in the plan, Mr. Bishop replied that they were other water exporters and environmentalists.  He explained that there were two conservation plan groups and that the District would be joining the stakeholders group.    He noted that the District could resign at any time and oppose the plan if it was not in the District’s best interest.  He added that it was in the District’s interest to have a seat at the table to ensure that water quality was included and that more than one alternative was considered. 

 

MOTION:  Boatmun/Anello to a) adopt Resolution No. 07-12 supporting development of the Bay Delta Conservation Plan; and b) authorize execution of the Bay Delta Conservation Plan Planning Agreement.  The motion carried by a unanimous voice vote. 

 

ACTION

 

9.         Legislative Affairs Report – May 2007

Review update on legislative issues and adopt District positions for the following:  State Legislation AB 503 (Swanson) – Public Agencies: Overtime: Notice – Watch; SB 34 (Torlakson) – Sacramento-San Joaquin Delta:  Strategic Planning – Change from Watch to Support;  SB 343 (Negrete McLeod) – Local Agencies: Open Meetings: Documents – Watch; SB 1002 (Perata) – Water Quality, Flood Control, Water Storage, and Wildlife Preservation – Support; and Federal Legislation HR 24 (Radanovich) – San Joaquin River Restoration Settlement – Support; and S 27 (Feinstein) San Joaquin River Restoration Settlement – Support.

 

Mr. Bishop advised that Director of Public Affairs Patty Friesen would be making a presentation.  He commented that Governor Schwarzenegger was a guest speaker at a Concord Town Hall meeting on May 15 and that the May revise budget had been released.  The District had not lost the $2 plus million from the original budget; however, the District had been unsuccessful in obtaining additional funding for key projects:  the Canal Replacement Project, the Alternative Intake Project, and the Los Vaqueros Reservoir Expansion Project.    He also commented on a letter received from the Department of Water Resources, which stated that new projects would be considered for funding only after a regulation and grant process was completed. 

 

Ms. Friesen reported on the following state legislation:

 

AB 503 (Swanson) – Public Agencies:  Overtime:  Notice – Ms. Friesen reported that the bill would require a minimum of eight hours written notice to an employee asking them to work outside of their normal work schedule.  The notice requirement would not apply for operational emergencies.  The bill originally targeted one water agency but it was amended to apply to all special districts and local government agencies.  She advised that concerns about the bill included a public agency having the right to adopt a reasonable rule defining an operational emergency and the effect the bill would have on negotiated memorandums of understanding.  She advised that ACWA and the California Special Districts Association (CSDA) both opposed the bill.  The recommended District position was to Watch the bill.

 

President Campbell commented that the bill would not apply to state employees.  Ms. Friesen responded that was correct. 

 

Responding to a question from Vice President Anello concerning the motive for the bill, Ms. Friesen responded that the concern was initially between a water agency and a union and that the assemblymember elevated it to apply to all special districts and local government. 

 

Director Boatmun asked Ms. Friesen to elaborate on language in the bill related to emergencies.  Ms. Friesen replied that the District’s concern was that the language was very vague.  The language states that employees would be able to work during an operational emergency but that an operational emergency was not defined.  She advised that language needed to be in the bill allowing the districts to define an emergency. 

 

SB 34 (Torlakson) – Sacramento San-Joaquin Delta:  Strategic Planning – Ms. Friesen advised that the Board had previously adopted a Watch position of this bill when it was in its original version.  The first version designated how the Proposition 1E funds were to be spent according to the beneficiary pays principle.  The amended bill requires the Delta Vision to include a strategic financing plan with specific recommendations concerning persons and entities on fees and proposed fee categories.  This includes infrastructure that exists in the Delta and creating a dedicated revenue stream for maintenance of Delta levees.  The bill now provides for a method to structure the fees according to the beneficiary pays principle as opposed to a pay as you go or cost-sharing approach.  She commented that the District recognizes the need for an ongoing reliable funding mechanism to ensure Delta sustainability.  It was recommended that the District change its position for the bill from Watch to Support. 

 

President Campbell commented that he had spoken with Senator Torlakson concerning the beneficiary pays concept several times.  President Campbell explained that he thought the District could get behind this concept if it was all inclusive. 

 

Director Wandry asked if this was proposed to be addressed in Phase I of the Delta Vision or in the second year’s Phase II Strategic Plan.  Ms. Friesen replied that it would be part of the second year.  Director Wandry commented that the bill goes back to the beneficiary pays principle and how it would be defined.  Mr. Bishop commented that all of the beneficiaries would be participating. 

 

SB 343 (Negrete McLeod) – Local Agencies:  Open Meetings:  Documents – Ms. Friesen  reported this bill states that no action could be taken or discussion held during an open and public regular meeting on any agenda item, unless all written documents relating to that item were made available to the public no later than the date the agency posted the agenda.  She also advised that any materials prepared by the local agency in connection with a matter subject to discussion or consideration at a public meeting must be made available for public inspection at the meeting.   The purpose of the bill was to provide greater public transparency at public agency meetings.  She noted that there was considerable debate on this bill regarding the feasibility of providing written materials for emergency agenda items.  She advised that this bill could have an impact on the District and staff’s recommendation was to Watch this bill.   

 

President Campbell noted that the District already makes all written documents relating to the agenda available to the public.  He added that the impact could be for the times when an emergency item is placed on the agenda. 

 

Responding to a question from Director Wandry referencing whether this bill would change the District’s ability to add emergency items, Ms. Friesen replied that staff didn’t think so but wanted to make sure. 

 

Director Burgh asked if staff reports were linked to the agenda on the District’s website.  Mr. Bishop replied that the website provides an option for the public to request copies of staff reports. 

 

SB 1002 (Perata) – Water Quality, Flood Control, Water Storage and Wildlife Preservation - Ms. Friesen reported that bill would fund $50 million for the emergency preparedness supplies and projects in the Delta, $125 million for the Clifton Court fish screens, $20 million for Franks Tract, and $15 million for storage studies.  The District supports these projects, as they mirror the District’s Staged Conveyance Actions for restoring the Delta.  She reported that these actions were necessary to Delta sustainability and provided the platform for implementation of any recommendations for the Delta Vision process.  The District recommended a position of Support on this bill. 

 

Mr. Bishop clarified that the listed projects were not the “no regrets” projects, which were similar to the District’s Staged Conveyance Action plan with one major exception.  The exception was the Clifton Court fish screens. 

 

Ms. Friesen reported on the following federal legislation:

 

HR 24 (Radanovich) – San Joaquin River Restoration Settlement

S27 (Feinstein) – San Joaquin River Restoration Settlement

 

Ms. Friesen reported that these were companion bills.  The purpose of the settlement was to fully restore the San Joaquin River and mitigate the impact of water losses for those who have had long-term contractual rights and obligations to the Friant system within the Central Valley Project.  The settlement would resolve years of litigation and would represent a landmark accord between environmentalists and fishing groups, Central Valley farmers, and state and federal regulatory agencies.  She advised that these actions could lead to improved Delta water quality.  The recommended District position was to Support this legislation. 

 

Discussion took place on the positive impact this bill could have on the District.

 

Director Wandry commented on and questioned staff’s recommendation for the position on AB 503 (Swanson) – Public Agencies:  Overtime:  Notice.  Discussion took place on the bill and suggested positions.  Director Boatmun asked if the bill would come back to the Board if changes were made.  Mr. Bishop responded yes. 

 

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

 

MOTION:  Boatmun/Anello to adopt District positions for the following:  State Legislation AB 503 (Swanson) – Public Agencies: Overtime: Notice – Watch; SB 34 (Torlakson) – Sacramento-San Joaquin Delta:  Strategic Planning – Change from Watch to Support;  SB 343 (Negrete McLeod) – Local Agencies: Open Meetings: Documents – Watch; SB 1002 (Perata) – Water Quality, Flood Control, Water Storage, and Wildlife Preservation – Support; and Federal Legislation HR 24 (Radanovich) – San Joaquin River Restoration Settlement – Support; and S 27 (Feinstein) San Joaquin River Restoration Settlement – Support.  The motion carried by a unanimous voice vote. 

 

REPORTS FOR DISCUSSION

 

10.        Schedule Future Meeting Dates and Times

 

Mr. Bishop reported that the Board Study Session needed to be rescheduled due to scheduling conflicts.  Discussion took place on the possibility of holding study sessions with one lobbyist present, holding Board workshops after a Board meeting, and holding a study session on an alternate Wednesday.   After discussion and due to the complexity in scheduling, it was the consensus of the Board to schedule the next Board Study Session for November or December. 

 

REPORTS

 

11.        General Manager

 

Mr. Bishop commented on the ACWA 2007 Spring Conference held May 8-11 in Sacramento.

He also commented positively on the farewell event for ACWA’s Executive Director Steve Hall held during the conference on May 10.      

 

12.        Legal Counsel

 

Mr. Maddow echoed Mr. Bishop’s comment concerning the event for Mr. Hall.  He also reported briefly on the litigation challenging water rights fees imposed by the State Water Resources Control Board.  

 

13.        Board Members

 

Director Boatmun reported on the ACWA 2007 Spring Conference.  She also commented on the ACWA breakfast meeting where Chief Executive Officer of the California Emerging Technology Fund Sunne McPeak commented that a comprehensive water package was needed.  She also reported on the Contra Costa Council Water Task Force meeting that she attended on May 15.  She emphasized the importance of distinguishing the difference between water supplies for the different water agencies.  She advised that this was very confusing to the public.  She reported positively on the Pittsburg State of the City address that she attended earlier in the day.  She also reported that she would be out of town for the Board meeting on June 20. 

 

Vice President Anello reported that she also attended the ACWA Spring Conference and found it very interesting. 

 

Director Wandry echoed comments regarding the conference and noted that the event for Mr. Hall was done well.

 

Director Burgh echoed the other Directors comments on the quality of the ACWA Conference.  He also commended staff for their expertise concerning a situation with the management of the Bay Area Integrated Regional Water Management Plan.  He reminded the Board that he would be out of town for the Board meetings on June 20 and August 15.  

 

President Campbell commented positively on the ACWA Conference and in particular the convenience of the location and the facilities. 

 

President Campbell also reported that he attended the Concord Town Hall meeting on May 15, where Governor Schwarzenegger was the guest speaker.  He advised that the three main topics that the Governor focused on were education, health care and water.   President Campbell had the opportunity to sit with Joe Grindstaff, the Director of the CALFED Bay-Delta Program.  He also had the opportunity to talk with the Governor one-on-one after the meeting regarding the District’s Staged Conveyance Action Plan. 

 

CLOSED SESSION

 

14.        Conference with Legal Counsel – Consideration of Initiating Litigation as allowed under Government Code 54956.9(c): - three cases.

 

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

 

At 7:38 p.m., President Campbell announced that the Board would be moving into closed session and that there were two matters before the Board.  One of the matters concerned litigation and did not require the disclosure of additional attendees.  The other matter concerned labor negotiations and the additional attendee would be Human Resources and Risk Manager Elia Bamberger. 

 

RECONVENE FROM CLOSED SESSION

 

16.        Report on closed session. 

 

At 8:01 p.m., President Campbell reconvened the meeting and announced that the Board did not take any action on the matters before it. 

 

ADJOURNMENT

 

At 8:02 p.m., President Campbell adjourned the meeting to the next regular meeting of the Board of Directors scheduled for June 6, 2007 commencing at 6:30 p.m.

 

 

 

 

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

ATTEST:

 

                                               

Sharon L. Burris

District Secretary