CONTRA COSTA WATER
DISTRICT
BOARD OF DIRECTORS
REGULAR MEETING
January 16,
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
Watershed and Lands Manager Bill Chilson led the Pledge of
Allegiance.
ADOPTION OF AGENDA
Mr.
Bishop advised that he would like to remove Agenda Item No. 1.a. – Conference
with Labor Negotiator as allowed under Government Code 54957.6 from the
agenda. He also advised that Agenda Item
No. 12 – Authorize revised pay ranges for Treatment Plant Operator classifications
and Water Treatment Supervisory classifications reflecting an 8% increase to
base salary, effective January 17, 2008 had been revised and was before the
Board for consideration.
CLOSED SESSION
1. 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
RECONVENE FROM CLOSED SESSION
2. Report
on closed session.
PUBLIC COMMENTS
President Campbell recognized Bird Morningstar, a Concord resident, in the
audience and invited him to the podium to speak. Mr. Morningstar noted that he would like to
present a copy of a book to Director Wandry titled, Water. He advised that he
had made a presentation from the book at the Board meeting held on November 7,
2007 and was made aware that Director Wandry would like a copy of the book.
President
Campbell advised that he had would like to
present Mr. Morningstar with a video tape series on California’s Water. He advised that the videos were autographed
by Mr. Huell Howser, the author of the series, which were provided to the
District at no cost.
CONSENT CALENDAR
3. Approve
Directors’ Services/Business and Travel Expenses
a. Expenses
– November
4. Approve the warrant register dated
January 17, 2008.
5. Adopt Resolution No. 08-02 authorizing
acceptance of a non-exclusive water pipeline easement from Contra Costa
County.
6. Authorize a 25-year license to Anna M.
Ginochio et. al. to cross the Contra Costa Canal
right-of-way and bridge at Medburn
Street near Milepost 26.43 in Clyde.
7. Authorize execution of an amendment in
the amount of $25,000 to the contract with Wiley, Price & Radulovich for
employment and labor law special counsel services for a revised total amount
not to exceed $120,000.
8. Agreement
with Thomas J. Linville for Specialized Technical Assistance
a. Determine that it is in the best interest of
the District to engage a former employee, Thomas J. Linville, to provide
specialized technical and operational assistance; and
b. Authorize execution of an agreement in conformance
with District Regulations Chapter 3.05 with Thomas J. Linville for consulting
services in an amount not to exceed $30,000.
9. Authorize Agreements to meet the Army
Corp of Engineers Wetland Mitigation Requirements associated with the
Alternative Intake Project
a. Authorize
execution of a permit with the U.S. Army Corp of Engineers; and
b. Authorize execution of an amended agreement
with Wildlands, Inc. for a purchase of 1.6 additional acres of wetlands
mitigation land for the Alternative Intake at Holland Tract for an estimated
amount not to exceed $96,000.
10. Award of Contract - Iron Horse Corridor
Main Replacement Project
a. Reject the bid from Central Pacific
Construction for the Iron Horse Corridor Main Replacement Project due to
non-responsiveness; and
b. Authorize execution of a contract with Donald
R. Lemings Construction for the Iron Horse Corridor Main Replacement Project in
an amount of $448,675, with a 15% change order authority of $67,301, for a
total amount not to exceed $5l5,976.
MOTION: Boatmun/Wandry to
approve the consent calendar. The motion
carried by a unanimous voice vote.
ACTION
11. 2008
Rates – Public Hearing and Adoption
a. Conduct
a public hearing to provide information and receive comments on proposed water rate,
fee and charge adjustments for 2008;
b. Adopt Resolution No. 08-03 amending Title 5 of the District’s Code
of Regulations pertaining to untreated and treated water rates, charges and
fees; and
c. Adopt
Resolution No. 08-04 amending Title 1 of the District’s Code of Regulations
pertaining to Los Vaqueros Reservoir boat rental fees and special event permit
fees.
President Campbell explained the public hearing
process.
Mr. Bishop advised that Director of Finance Brice
Bledsoe would be making a presentation on the proposed water rate, fee and
charge adjustments for 2008. He reported
that one of the key adjustments was the two year phase-in of the Facility
Reserve Charge (FRC) increase. Mr.
Bishop advised that the District was in the second year of Proposition 218 and
that all District customers had received a written notice of the hearing. The District received two comment letters
concerning the proposed adjustments.
Mr. Bledsoe reported that the proposed adjustments to
the District’s rates, fees and charges were consistent with the revenue requirements
reviewed by the Board on December 5, 2007. The proposed 2008 revenue increases were 2.75%
for treated water and 3% for untreated water.
One of the proposed increases was identified as the first year of a
two-year phase in for FRC adjustments. Other
proposed increases included the initial engineering design study costs, and the
increase in the Los Vaqueros Reservoir boat rental fees.
Mr. Bledsoe reported that the District was in full compliance
with Proposition 218. Approximately
60,000 notices were sent to ratepayers on November 29, 2007 advising them of
the public hearing and the proposed rate increases. He advised that two written comments were
received and that comments could be made through the end of the public
hearing.
Mr. Bledsoe advised that all projections were at or
below the projections in the Ten-Year Capital Improvement Program and Financial
Plan. Additionally, all revenue
increases were below the 4% assumed rate of inflation for the District.
Mr. Bledsoe reported that the proposed increase for
untreated water would be 3%. This would
equate to a $0.51 per month increase for the average customer using 380 gallons
per day (gpd). The proposed increase for
treated water was 2.75%. The impact to
the average customer using 300 gpd would amount to approximately $1.61 per
month.
Mr. Bledsoe reviewed the proposed FRC increases. He reported that the increase would be 95% of
calculated value phased in over a two-year period. The untreated water FRC would be increased by
$126, which would total $4,668 per equivalent 5/8” connection. The treated water FRC would increase by $443 for
a 5/8” connection, which would total $16,405.
Mr. Bledsoe reported that there were two increases
for cost of services charges. The District
was also proposing to increase the minimum charge for a new service line from
the District’s main service to an adjacent property. He advised that the proposed 2008 increase
for the new service line would be $3,300.
Responding to a question from President Campbell if
the figure was all inclusive, Mr. Bledsoe replied yes.
Mr. Bledsoe reviewed the engineering fees for initial
design studies and advised that the fees would be increased to cover cost of
services charges. The fees would range
from $159 to $650 based on the number of service connections.
President Campbell asked if the District had a
disclaimer when the studies were done addressing accuracy. Assistant General Manager of Engineering and
Construction Steve Welch responded that yes, the studies were preliminary cost
estimates and included estimating accuracy ranges.
Responding to a question from Director Boatmun
referencing the studies being preliminary and if the District was actually
getting the money that it costs to do the study, Mr. Bishop replied that when an
agreement was signed the customer pays the actual costs. Director Boatmun asked if the District was
subsidizing the costs. Mr. Welch replied no.
Mr. Maddow advised that the agreements were written in such a way that
the District has the right to true up costs.
The District’s interests were totally protected.
Mr. Bledsoe reported that the last two proposed
changes were related to Los Vaqueros Reservoir.
The first proposed change was to add Mondays to the
50% price discount for boat rental fees.
He explained that the current regulation allowed for the discounts on
Tuesdays through Thursdays, excluding holidays.
The second change was the Los Vaqueros Reservoir Special Event Permit Fee. The current regulation stipulates an end date
of December 31, 2001. The proposed
change would delete the end date and update the Code of Regulations.
Mr. Bledsoe reviewed the schedule and advised that,
at the conclusion of the public hearing held at the end of the meeting, that
the Board would consider adoption of the proposed rates fees and charges. Pending adoption, the changes would become
effective February 1, 2008, with the exception of the FRC adjustments. The FRC adjustments would be come effective
April 1, 2008.
President Campbell advised that the public would have
an opportunity to participate before the Board deliberated. He asked if the Board had questions of the
presenter for clarity.
Responding to a question from Director Boatmun concerning
boat rentals at Los Vaqueros Reservoir and if the District was still charging
less than other agencies, Mr. Bledsoe responded yes. Director Boatmun asked if adding
Mondays to the discount days would still exclude the holidays. Mr. Bledsoe responded yes. She asked if there had been an increase in
usage from the past year. Mr. Chilson advised that a study showed there was
approximately three times the amount of usage.
The increase in rentals made it possible for the District to increase
revenues by reducing fees.
President Campbell asked if there were other
questions for the presenter.
Mr. Maddow commented that Mr. Bishop and Mr. Bledsoe
both addressed the procedural aspect of Proposition 218, which applied to the
recommended action just concerning water rates for treated and untreated
water. Embedded in the materials before
the Board and in Mr. Bledsoe’s presentation, there was substantial evidence of
compliance with the substantive aspects of Proposition 218 concerning the cost
basis for the rates that were being recommended.
President Campbell instructed the District Secretary
to make note in the record of Mr. Maddow’s comment.
President Campbell opened the public hearing at 6:54
p.m. and asked if there were any public comments.
Mr. Morningstar commented that the rates were very
fair. He opined that lack of response to
the information mailed concerning Proposition 218 indicated that the public was
pleased with the District’s rates. He commented
positively on the water quality and the District’s conservation policy. He commended the District on a job well
done.
President Campbell asked if there were any other
public comments. There were none.
President Campbell closed the public hearing at 6:56
p.m.
Mr. Maddow clarified that the recommended motion
would be to adopt Agenda Item 11, b. and c. in one motion. President Campbell responded that was his
intent.
MOTION: Boatmun/Burgh to b) adopt Resolution No. 08-03
amending Title 5 of the District’s Code of Regulations pertaining to untreated
and treated water rates, charges and fees; and c) adopt Resolution No. 08-04
amending Title 1 of the District’s Code of Regulations pertaining to Los
Vaqueros Reservoir boat rental fees and special event permit fees. The motion carried by a unanimous voice
vote.
12. Authorize revised pay ranges for
Treatment Plant Operator classifications and Water Treatment Supervisory
classifications reflecting an 8% increase to base salary, effective January 17,
2008.
Mr. Bishop reported that the revised item before the Board would
establish new Water Treatment Plant Operator and Senior Water Treatment Plant
Operator classifications and associated salary raises.
President Campbell asked if anyone in the public would like
to speak to the item. There were no
comments.
MOTION: Wandry/Anello to
authorize revised pay ranges for Treatment Plant Operator classifications and
Water Treatment Supervisory classifications reflecting an 8% increase to base
salary, effective January 17, 2008. The
motion carried by a unanimous voice vote.
13. Award of Contract – Chloramine Booster
Station Project
a. Authorize execution of a contract with Pacific
Infrastructure for the construction of the Chloramine Booster Station Project
in the amount of $1,297,000, with an 8% change order authority of $103,760, for
a total amount not to exceed $1,400,760; and
b. Authorize an amendment to Camp Dresser &
McKee’s Design Services Agreement for additional design services during
construction in the amount of $30,000, for a total amount not to exceed
$330,000.
Mr. Bishop reported the project was included in the FY08
Treated Water Facilities Improvement Program.
The item was placed on the action calendar due to the dollar amount of
the contracts.
Director Burgh advised that, although he did not have a
conflict of interest real or perceived, that he preferred to be absent when the
Board reflected on its decision for the item.
Director Burgh left the dais at 7:03 p.m.
MOTION: Boatmun/Wandry to
a) authorize execution of a contract with Pacific Infrastructure for the
construction of the Chloramine Booster Station Project in the amount of
$1,297,000, with an 8% change order authority of $103,760, for a total amount
not to exceed $1,400,760; and b) authorize an amendment to Camp Dresser &
McKee’s Design Services Agreement for additional design services during
construction in the amount of $30,000, for a total amount not to exceed
$330,000. The motion carried by the
following vote of the Board: Ayes: Anello, Boatmun, Campbell, and Wandry. Absent:
Burgh
Director Burgh returned to the dais at 7:04 p.m.
DISCUSSION AND
INFORMATION
14. Calendar
Year 2008 Major Policy Calendar
a. Receive and comment on the Contra Costa Water
District’s Major Policy Calendar for Calendar Year 2008; and
b. Concur with holding the December 3, 2008 Board
of Directors meeting on December 10, 2008.
Mr. Bishop noted that Executive Management Analyst Desiree
Castello would be making a presentation on the Major Policy Calendar (MPC). He noted that the MPC was presented to the
Board twice a year.
Ms. Castello reported that the 2008 MPC summarized
policy-related items anticipated for review during the period of January-December
2008. The MPC was updated semi-annually
and was last reviewed by the Board on June 20, 2007.
Ms. Castello reviewed activities related to the major
projects. The most significant activity was
the Los Vaqueros Reservoir Expansion Project.
The project was reflected on the MPC as an action item to show the certification
of the Draft Environmental Impact Report (EIR).
The second project was the Alternative Intake Project. The three items reflected on the MPC for this
project were the Setback Levee Construction contract scheduled for February, the
Pump Station Construction contract scheduled for July, and the Pipeline
Construction contract scheduled for September.
Ms. Castello reported that the Canal Replacement Project
had been removed from the MPC since the Board last reviewed it on June 20,
2007. She explained that the project had
been delayed due to projected drought conditions and pending impacts of the
Wanger decision.
Ms. Castello explained the layout of the calendar and noted
that the Board regularly meets on the first and third Wednesdays of each
month. She noted that the Association of
California Water Agencies (ACWA) 2008 Spring Conference conflicted with the
Board’s regular meeting scheduled for the first week of May. She advised that the Board had previously
approved holding a special meeting this year on April 30, 2008 to avoid the
conflict.
Ms. Castello reported that there would also be a conflict
with the ACWA 2008 Fall Conference. She
advised that the recommendation before the Board was to concur with
rescheduling the Board meeting from December 3, 2008 to December 10, 2008.
President Campbell asked if there were any questions. There were no questions.
The Board concurred to accept the change.
REPORTS FOR DISCUSSION
15. Schedule Future Meeting Dates and Times
Director
Boatmun advised that she was planning to attend the ACWA 2008 Federal Affairs
Conference in Washington, D.C., February 26-28.
President
Campbell advised that he and other Boardmembers would be attending the 23rd Annual Mayors’ Luncheon on January 29.
REPORTS
16. General
Manager
Mr. Bishop gave a brief report on meetings that he attended
earlier in the day in Sacramento concerning legislation and special sessions
with the legislature.
17. Legal
Counsel
Mr. Maddow did not have a report.
18. Board Members
Director
Boatmun reported that she attended the Contra Costa Council Business Education Leadership
Summit on January 10. She advised that a
focus of the summit was for public and private agencies to work with schools to
make teachers aware of curriculum needed to better prepare students for the
workforce. Discussion took place on the topic and who was
responsible for changing the curriculum.
President Campbell opined that it should be an ACWA issue with
legislators in Sacramento.
Director
Boatmun also advised that she attended the Contra Costa Council Water Task
Force on January 15 where East Bay Municipal Utility District Director John
Coleman was the speaker. The topic
discussed was water rationing and conservation.
She noted that Director Burgh was also present at the meeting and spoke
concerning water rights in California vs. New Mexico
Director
Burgh noted that he offered comments at the Contra Costa Council Water Task
Force meeting on January 15 concerning water resources regulatory environment
in New Mexico. He gave a brief history
on how water rights were handled in New Mexico and the good water resources
management practices they had in place.
Director
Anello reported that she would be attending the Contra Costa Chapter Special
Districts Association meeting on January 28 and the 23rd Annual
State of the City Luncheon on January 29.
Director Wandry
did not have a report.
Director
Burgh did not have a report.
President
Campbell did not have a report.
CLOSED
SESSION
19. Public
Employee Performance Evaluation as allowed under Government Code 54957
Title:
General Manager
At 7:33
p.m., President Campbell announced that the Board would move into closed
session. There was one matter before the
Board concerning a public employee performance evaluation and there were no
additional attendees.
RECONVENE FROM CLOSED SESSION
20. Report on closed session.
At 7:42 p.m., President Campbell reconvened
the meeting and announced that the Board did not take any action on the matter
before it.
ADJOURNMENT
At 7:43
p.m., President Campbell adjourned the meeting to the next regular meeting of
the Board of Directors scheduled for February
6, 2008 commencing at 6:30 p.m.
Joseph
L. Campbell, President
ATTEST:
Sharon L. Burris
District Secretary
