CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

September 19, 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 Burgh

            Directors Absent:                       Karl L. Wandry

            General Manager:                       Walter J. Bishop

            Legal Counsel:                           Robert B. Maddow

            District Secretary:                      Sharon L. Burris

 

President Campbell advised that Director Wandry was absent and that he had previously notified the Board. 

 

PLEDGE OF ALLEGIANCE

 

Principal Engineer Dan Owre led the Pledge of Allegiance.  

 

ADOPTION OF AGENDA

 

Mr. Bishop advised that there were two changes to the agenda.  The first change was to renumber Agenda Item No. 8 – Adopt Resolution No. 07-25 amending Chapter 7.16 of the District’s Code of Regulations pertaining to financial management.  The item would become Agenda Item No. 8.a.  The second change was to move Agenda Item No. 9 – Review update and comment on legislative issues to the Action Calendar.  That item would become Agenda Item No. 8.b.

 

PUBLIC COMMENT

 

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

 

CONSENT

 

1.         Approve the warrant register dated September 20, 2007.

 

2.         Adopt Resolution No. 07-23 authorizing acceptance of a non-exclusive water pipeline easement from Contra Costa County to the Contra Costa Water District.

 

3.         Adopt Resolution No. 07-24 authorizing execution of a Quit Claim Deed to Anthony F. Souza and Gloria P. Souza, as Trustees of the Anthony F. Souza & Gloria P. Souza Family Trust, dated June 11, 2003 in exchange for a grant deed from Anthony F. Souza and Gloria P. Souza, as Trustees of the Anthony F. Souza & Gloria P. Souza Family Trust, dated June 11, 2003 relinquishing abutter’s rights along Vasco Road in Contra Costa County. 

 

4.         Authorize Department of Water Resources Agreement and Reclamation District No. 2137 Permit for the Canal Replacement Project

            a.   Authorize execution of an agreement with the California Department of Water Resources for temporary property rights for the Canal Replacement Project for an amount not to exceed $49,500; and

            b.   Authorize a permit for trench water disposal with Reclamation District No. 2137 for an amount not to exceed $73,000.

 

5.         Authorize execution of a contract with G&S Paving for sealing and re-striping Los Vaqueros Road and parking lots within Los Vaqueros Watershed in an amount not to exceed $89,650 in FY08.   

 

6.         Authorize execution of an agreement with Marcus G. Faust for government relations services for FY08 in an amount not to exceed $170,000. 

 

7.         Authorize execution of a contract with Siteworks Construction, Inc. for the construction of the Canal Replacement Project, Phase 1 – Canal Isolation and Site Clearing in the amount of $234,773, with a 10% change order authority of $23,477, for a total amount not to exceed $258,250. 

 

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

 

ACTION

 

8.a.       Adopt Resolution No. 07-25 amending Chapter 7.16 of the District’s Code of Regulations pertaining to financial management.

 

Mr. Bishop reported that the Finance Committee had reviewed the item on August 21, 2007 and concurred with the proposed change.  The change would result in consistency between the investment policy’s diversification requirements and the portfolio concentration requirement.  These requirements were designed to protect the District from investing too heavily in a single type of investment or a single institution. 

 

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

 

MOTION:   Burgh/Boatmun to adopt Resolution No. 07-25 amending Chapter 7.16 of the District’s Code of Regulations pertaining to financial management.  The motion carried by a unanimous voice vote. 

 

8.b.       Review update and comment on legislative issues. 

 

Mr. Bishop explained that due to development on anticipated legislative bills that staff was seeking Board authority to take a position on the bills before the next Board meeting, if certain Board criteria were met.  

 

He also reported that Director of Public Affairs Patty Friesen would be giving a presentation.  

 

President Campbell asked if the legislative bills being presented would require action other than comments.  Mr. Bishop responded that Ms. Friesen would review bills that the Board had already taken a position on and were currently on the Governor’s desk for his consideration.  After Ms. Friesen’s presentation, he would be discussing current legislative issues with the Board and seeking Board authorization to allow staff to take a position of support on the anticipated legislation if certain criteria were met. 

 

President Campbell commented that the item had been calendared as a discussion item and was now being moved to an action item.  He asked Mr. Maddow if this was appropriate.  Mr. Maddow advised that the substance of what was being presented was what was originally identified on the agenda.  The Board would not be asked to take a position on a specific bill but rather on criteria that the District might wish to see in anticipated legislation.  He opined that it would be appropriate under the agenda, as slightly modified, for the Board to indicate their concurrence with the criteria or to consider the criteria and make changes.  President Campbell thanked Mr. Maddow.

 

Ms. Friesen reported on the following bills: 

 

AB 1260 (Caballero) – Local Government Taxes, Fees Assessments – Ms. Friesen reported that the bill would clarify the Proposition 218 requirements, notification to ratepayers of a rate hearing.  The bill would define a “record owner”, for the purposes of a fee or charge subject to the State Constitution as the person or entity who requests or receives the services for which the fee or charge is levied.  The District had taken a Support position on the bill. 

 

AB 1420 (Laird) – Water Demand Management Measures: Grant or Loan – Ms. Friesen advised that the District had adopted a Support if Amended position for the bill.  All of the amendments were accepted by the author and the District fully supported the bill.  The first amendment was to clarify eligibility for regional conservation programs to receive grant funding and to insure that the District was only required to implement locally cost-effective water conservation measures.  The second amendment was to specify the role of the independent technical panel as an outside review panel. 

 

SB 1029 (Ducheny) – Drinking Water Standards –  The bill represented good public policy which allows the State Department of Public Health to adopt by reference specific federal standards and rules and regulations for drinking water.  Historically, when federal drinking water standards were adopted, it could have taken the State regulatory agencies years before the State adoption process was complete.  The District had adopted a Support position for the bill.   

 

AB 946 (Krekorian) – Electricity: Renewable Energy Resources – The bill would allow a water utility to produce renewable electricity and receive incentives to construct solar facilities on an agency’s property.   The District could consider a hydro-electric project along the Los Vaqueros pipeline and this would provide an improved cost-benefit ratio.  The District adopted a Support position for this bill. 

 

AB 1470 (Huffman) Solar Energy: Solar Hot Water and Efficiency Act – The District had adopted a Support position for this bill.  The bill would provide incentives for the installation of 200,000 solar hot water systems in homes and business throughout the state by 2017.  Studies showed that using solar systems could reduce statewide consumption by more than five percent.  This would meet the District’s interest in increasing energy efficiency.   

 

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

 

Mr. Bishop advised that staff was seeking Board authorization to support a comprehensive water infrastructure package in the legislative special session that included funding for the: Los Vaqueros Reservoir Expansion Project, the Alternative Intake Project, Delta ecosystem protection and water quality improvements.  The package was a combination of Proposition 84 and a water bond initiative.   

 

President Campbell commented that he was familiar with the situation. 

 

President Campbell clarified that staff would like the Board’s concurrence to take a position on anticipated legislative bills, within the parameters set by the Board, without calling a special meeting.  He further commented that this would give staff the flexibility to adjust to last minute decisions.  He advised that he was in favor of supporting that decision.  Director Boatmun also supported staff’s request.    

 

MOTION:  Boatmun/Burgh to authorize staff to support a water package being negotiated if it was within the parameters set by the Board.  The motion carried by a unanimous voice vote. 

 

DISCUSSION AND INFORMATION

 

9.         Review update and comment on legislative issues.      

 

REPORTS FOR DISCUSSION

 

10.        Committee Report(s)

            a.   Retirement Committee Post Meeting Report (8/24/07)

            b.   Board of Supervisors’ – Transportation, Water and Infrastructure Committee

                  Post-Meeting Report (9/10/07)

 

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

 

11.        Schedule Future Meeting Dates and Times

 

Mr. Bishop reminded the Board that the District’s Family Picnic would be held on September 23, at the Cowell Park in Concord.

 

Director Boatmun advised that she had been invited to participate in the ACWA Theodore Roosevelt Award selection committee, and that she would be attending the committee meeting on October 12 in Sacramento. 

 

REPORTS

 

12.        General Manager

 

Mr. Bishop did not have a report.

 

13.        Legal Counsel

 

Mr. Maddow reported that he would be out of the office on September 20 and 21 and that he would not be attending the next regular Board meeting on October 3.  Carl Nelson would attend the meeting in his absence. 

 

14.        Board Members

 

Director Boatmun reported on the ACWA Region 5 meeting that she attended on September 16 and 17.  She advised that ACWA Executive Director Tim Quinn gave a presentation on ACWA’s water education campaign and the key elements of the program.  She advised that she had handouts from the meeting available for review.  She also reported on a presentation given by the Cambria Community Services District on the status of their Build-out Reduction Program.  She reported on two presentations given at the meeting.  The first presentation concerned the beneficial use of solar power.  The second presentation given by the fire department concerned their role working with other agencies keeping land cleared thereby saving water.  

 

Vice President Anello reported that she attended a Contra Costa Council Workshop regarding the Delta Vision Program on September 13 and found it very informative. 

 

President Campbell reported that he also attended the workshop on September 13 and gave an overview of the meeting.  He also advised that he would be attending the Contra Costa Council Board of Directors meeting on September 21. 

 

Director Burgh thanked Director of Engineering Steve Welch and staff for their quick response to inquires from the Walden District Improvement Association relating to the Iron Horse Trail.  He also commented that he was pleased that Assistant General Manager of Planning/Delta Projects Greg Gartrell would be the guest speaker at the Mayors’ Conference on October 4. 

CLOSED SESSION

 

15.        Public Employee Performance Evaluation as allowed under Government Code 54957; Title: General Manager.

 

16.        Conference with Labor Negotiator as allowed under Government Code Section 54957.6;

(4 items):

a.   Agency Negotiator:  Walter J. Bishop; Employee Organization:  Confidential Employees

b.   Agency Negotiator:  Walter J. Bishop; Employee Organization:  Unrepresented

      Employees

c.   Agency Negotiator:  Walter J. Bishop; Employee: District Secretary

d.   Agency Negotiator:  Board President; Employee:  General Manager

 

At 7:00 p.m., President Campbell announced that the Board would move into closed session.  He advised that there were five matters before the Board.  The first item concerned a public employee performance evaluation and the other four items concerned labor negotiations.  There would be not additional attendees for any of the items.   

 

RECONVENE FROM CLOSED SESSION

 

At 7:42 p.m., President Campbell reconvened the meeting and announced that the Board took no action on the matters before it. 

 

ADJOURNMENT

 

At 7:43 p.m., President Campbell adjourned the meeting to an Adjourned Joint Meeting with Diablo Water District on September 25, 2007, scheduled for 6:30 p.m., at the Randall-Bold Water Treatment Plant, 3760 Neroly Road, Oakley.  The next regular meeting of the Board of Directors was scheduled for October 3, 2007 commencing at 6:30 p.m.

 

 

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

 

ATTEST:

 

                                                                   

Sharon L. Burris

District Secretary