CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

January 2, 2008

 

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

                                                            John A. Burgh

                                                            Bette Boatmun

                                                            Karl L. Wandry

            General Manager:                  Walter J. Bishop

            Legal Counsel:                        Robert B. Maddow

            District Secretary:                   Sharon L. Burris

 

PLEDGE OF ALLEGIANCE

 

Human Resources and Risk Manager Elia Bamberger led the Pledge of Allegiance. 

 

ADOPTION OF AGENDA

 

Mr. Bishop reported that there was a memo before the Board revising Agenda Item No. 1. a. Future Services – January. 

 

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 – January

            b.   Expenses – November/December

            c.   Compensation – December

 

2.         Approve the following minutes

            a.   November 7, 2007

            b.   November 14, 2007 

                                         

3.         Approve the warrant register dated January 3, 2008.

 

4.         Authorize execution of a 25-year license to the City of Concord for use of a portion of the United States Bureau of Reclamation’s property near Contra Costa Canal Milepost 34.21 in Concord.

 

5.         Authorize execution of an agreement with the State Water Project Contractors Authority for the District’s continued participation in the Municipal Water Quality Investigations Program for $30,000 per year in FY08, FY09, and FY10.  Funding for FY09 and FY10 will depend on Board adoption of the budget. 

 

6.         Authorize execution of an amendment to the existing reimbursement agreement with the United States Bureau of Reclamation for the Canal Replacement Project to increase the agreement by $30,000 for a total amount not to exceed $130,000. 

 

President Campbell reminded the Board that adoption of the consent calendar would include revised Agenda Item No. 1.a. – Future Services – January. 

 

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

 

ACTION

 

7.         Adopt Resolution No. 08-01 to authorize execution of an agreement in the amount of $5,719,035 with Victoria Island Farms, L.P., et al. contingent upon authorization of the permit with Reclamation District 2040. 

 

Mr. Bishop noted that it was necessary to acquire property rights from Victoria Island Farms (VIF) to move forward with the Alternative Intake Project (AIP).  He reported that the parameters set by the Board were consistent with the agreement.  He acknowledged Samantha Salvia, a former District employee, and Watershed and Lands Manager Bill Chilson for their efforts in bringing the agreement before the Board.  He advised that Assistant General Manager of Administration Kurt Ladensack would be giving a presentation.

 

Mr. Ladensack reported that the agreement with VIF would secure the property rights and services needed for the District to begin construction on the AIP.  He advised that approval of the agreement would be contingent upon the Board’s approval of the agreement with Reclamation District 2040, which would be presented tonight as Agenda Item No. 8.

 

Mr. Ladensack identified the key terms of the agreement.  He reported that the cost for the real property rights would total approximately $1,799,035.  The agreement provided for District payment of $900,000 in exchange for a total release by VIF from liability for future impacts on farming operations attributed to the AIP facilities.  The agreement also established compensation for services by VIF in the amount of $3,020,000 for waste groundwater management, on site fill material, and field re-leveling at the completion of the construction stage of the project.  The compensation to VIF for provision of these services represented a significant value compared to the estimated cost of a third party to provide the same services.

 

President Campbell asked if there were any public comments.  There were none. 

 

Responding to a question from Director Wandry concerning the term of the agreement releasing the District from damage claims and if it would apply in the event there were new landowners, Mr. Ladensack replied that the release applied to the current owner and any successors.  Director Wandry congratulated staff and commented that the work was well done.

 

Director Burgh complimented staff on negotiating the agreement.  He also commented positively on the handling of the financial arrangements and how the procedure expedited the success of the agreement.   

 

President Campbell complimented staff on a job well done. 

 

MOTION:  Wandry/Burgh to adopt Resolution No. 08-01 to authorize execution of an agreement in the amount of $5,719,035 with Victoria Island Farms, L.P., et al. contingent upon authorization of the permit with Reclamation District 2040.  The motion carried by a unanimous voice vote. 

 

8.         Authorize a permit with Reclamation District 2040 to permit construction, operation and maintenance of the Alternative Intake Project for an estimated amount not to exceed $150,000.

 

Mr. Bishop noted that Reclamation District 2040 (RD 2040) operated and maintained drains, canals and levees on Victoria Island.   The District’s AIP would be located on Victoria Island and a permit was required with RD 2040 for construction, operation and maintenance of the project.  He also advised that Assistant General Manager of Engineering and Construction Steve Welch would be making a presentation. 

 

Mr. Welch reviewed the key terms of the permit with RD 2040.  He reported that the project would take approximately three years to complete.  The District was required to have $60 million liability insurance during construction of the AIP at an estimated cost of $150,000 per year.  The District would indemnify RD 2040 for all claims as a result of the AIP project, with one exception.  The exception was RD 2040 negligence or willful misconduct.  The District agreed not to impact existing VIF irrigation, and would lower the pipeline at existing ditches to ensure that RD 2404 drainage would not be impacted.  

 

Mr. Welch reviewed the fiscal impact for the project.  He reported that related administrative, engineering, inspection and legal costs were estimated not to exceed $150,000 over three years.   The District would also be subject to an assessment fee of approximately $18,000 per year for maintenance on the island. 

 

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

 

MOTION:  Boatmun/Wandry to authorize a permit with Reclamation District 2040 to permit construction, operation and maintenance of the Alternative Intake Project for an estimated amount not to exceed $150,000.  The motion carried by a unanimous voice vote. 

 

DISCUSSION AND INFORMATION

 

9.         Review and comment on status report on drinking water regulations.

 

Mr. Bishop advised that the Board was briefed annually on the status of current, pending and future drinking water regulations.  The status report was presented to the Operations and Engineering Committee on December 7, 2007.  He noted that Water Operations Manager Dave Huey would be making a presentation.  

 

Mr. Huey reported that the District was in full compliance and prepared to meet future regulatory requirements.  Two significant regulation changes had taken place since the Board was last updated.  The first change was the proposed Long Term 2 Enhanced Surface Water Treatment Rule (LT2).  The rule was now a regular compliance rule.  The second change was identified as the Stage 2 Disinfection Byproducts Rule (Stage 2 DBPR).   

 

Mr. Huey reviewed and identified Environmental Protection Act (EPA) modifications to two existing rules.  He advised that Lead and Copper Rule (LCR) Revisions was the first revised regulation. It was revised to include customer outreach and implementation of corrosion control plans.  The District was in compliance with this revision prior to EPA enforcement.  The second EPA regulatory revision was made to the Unregulated Contaminant Monitoring Rule, List 2.  The revision included water sampling to obtain information from systems on compounds that do not have regulatory contaminant levels.  The District’s sampling would begin in April 2008. 

 

Mr. Huey reviewed the Total Coliform Rule II (TCR2) and advised that the rule was currently under review by the EPA.  Negotiations were occurring between stakeholders and the EPA within the Federal Advisory Committee Act (FACA) to determine the final form of the TCR revisions.  The final rule was expected by 2012.  District staff was providing technical support during the negotiations through the American Water Works Association Water Utility Council and Technical Advisory Workgroups. 

 

Mr. Huey identified emerging issues facing the water industry.  He advised that endocrine disrupters, personal care products and pharmaceuticals, and total organic carbon (TOC) removal were emerging issues.

 

Mr. Huey stated that the fiscal impact for the current and pending rules was funded in the approved FY08 budget.  The Ten-Year Capital Improvement Program included placeholders to fund improvements required to meet pending and future regulations. 

 

President Campbell asked if there were any questions for the presenter.  There were no questions.

REPORTS FOR DISCUSSION

 

10.             Committee Report(s)

            a.   Association of California Water Agencies Water Quality Committee Post-Meeting Report (11/27/07)

            b.   Retirement Plan Committee Meeting Post-Meeting Report (11/30/07)

 

President Campbell asked if there were any comments on the committee reports. 

 

Director Burgh gave a brief report on the Association of California Water Agencies (ACWA) Water Quality Committee meeting he attended at the ACWA 2007 Fall Conference in Indian Wells.   

           

11.       Schedule Future Meeting Dates and Times

 

There were no future meeting dates and times to schedule.  Mr. Bishop commented briefly on the Mayors’ Conference being held on January 3. 

 

REPORTS

 

12.       General Manager

 

Mr. Bishop did not have a report.

 

13.       Legal Counsel

 

Mr. Maddow did not have a report. 

 

14.       Board Members

 

Vice President Anello reported that she would be attending the Contra Costa Council Leadership Summit on January 10.  She also advised that she would be attending Contra Costa USA 2008 on January 24 and the Contra Costa California Special Districts Association meeting on January 28. 

 

Director Wandry wished everyone a Happy New Year.

 

Director Burgh did not have a report.

 

Director Boatmun advised that she would not be attending Contra Costa USA 2008 on January 24 due to a conflict with an ACWA Board of Directors meeting.  She noted that she would be attending the Mayors’ Conference on January 3.   She also wished everyone a Happy New Year. 

 

President Campbell reported briefly on the Contra Costa Council Board of Directors meeting held on December 21.   He noted that the Council had approved a letter endorsing the principles of the Delta Vision’s Blue Ribbon Task Force.  He also reported that Peter Wilson had been replaced by Mohammad Qayoumi, President of California State University East Bay, on the Council’s Board of Directors.    

CLOSED SESSION

 

15.       Conference with Legal Counsel – Anticipated Litigation as allowed under Government Code 54956.9(c): - 2 cases

 

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

            Agency Negotiator:  Walter J. Bishop; Employee Organizations:  Local 21 and Local 39; Issue:  Instruct Negotiator

 

At 7:08 p.m., President Campbell announced that the Board would move into closed session.  There were two matters before the Board.  The first matter concerned litigation and did not require the announcement of additional attendees.  The second matter concerned labor negotiations and additional attendees would include Assistant General Manager of Administration Kurt Ladensack and Human Resources and Risk Manager Elia Bamberger. 

           

 RECONVENE FROM CLOSED SESSION

 

17.       Report on closed session. 

 

At 7:32 p.m., President Campbell reconvened the meeting and announced that the Board did not take any action on the matters before it. 

 

ADJOURNMENT

 

At 7:33 p.m., President Campbell adjourned the meeting to the next regular meeting of the Board of Directors scheduled for January 16, 2008, commencing at 6:30 p.m.

 

 

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

 

 

ATTEST:

 

                                               

Sharon L. Burris

District Secretary