CONTRA COSTA WATER
DISTRICT
BOARD OF DIRECTORS
REGULAR MEETING
June 18,
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
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
Human Resources and Risk Manager Elia Bamberger led the Pledge of
Allegiance.
ADOPTION OF AGENDA
Mr. Bishop reported that Agenda Item No. 19 – Fiscal Year 2009 Major Policy Calendar
would be moved from the Consent calendar to Discussion and Information.
PUBLIC
COMMENT
President Campbell asked if there were any public
comments. There were none.
CONSENT CALENDAR
1. Approve the warrant register dated June
19, 2008.
2. Election for Contra Costa Water
District Directors in Divisions 3, 4 and 5 in the Statewide Consolidated
Election on November 4, 2008
a. Adopt Resolution No. 08-15 updating the
boundaries of Divisions 4 and 5 to include East Cypress Corridor and Sky Ranch
II; and
b. Adopt Resolution No. 08-16 calling for and
providing notice of a consolidated election to be held in Divisions 3, 4, and 5
of the Contra Costa Water District on November 4, 2008.
3. Adopt Resolution No. 08-17 authorizing
amendment of the General Manager’s Memorandum of Understanding.
4. Adopt Resolution No. 08-18 certifying
the revenue required to be provided by taxes on land within the District during
fiscal year 2008-2009.
5. Agreement with Richard Denton for
technical support services on Delta and statewide planning projects
a. Determine that it is in the best interest of
the District to engage a former employee, Dr. Richard A. Denton, to provide
technical support services on Delta and statewide planning projects; and
b. 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 $50,000.
6. Authorize execution of a consulting
agreement with Public Policy Advocates for government relations services for
FY09 in an amount not to exceed $103,000.
7. Authorize execution of a two-year
agreement with URS Corporation, for professional services for the Dam
Monitoring Program, in an amount not to exceed $70,000 in FY09 and $70,000 in
FY10, for a total not to exceed amount of $140,000.
8. Authorize execution of a two-year
agreement with AXA Rosenberg for investment management services for the
Retirement Plan Trust Fund, in amounts not to exceed $106,000 in FY09 and
$115,000 in FY10.
9. Authorize execution of a two-year
agreement with Legg Mason Capital Management, Inc. for investment management
services for the Retirement Plan Trust Fund, in amounts not to exceed $132,000
in FY09 and $144,000 in FY10.
10. Authorize execution of a two-year
agreement with Eaton Vance Management, Inc. for fixed income investment
management services for the Retirement Plan Trust Fund, in amounts not to
exceed $140,000 for FY09 and $150,000 for FY10.
11. Authorize execution of a two-year
agreement with Wellington Management Company, LLP for small cap and
international equities investment management services for the Retirement Plan
Trust Fund, in amounts not to exceed $263,000 for FY09 and $284,000 for
FY10.
12. Authorize execution of an agreement with
Kleinfelder for materials testing services in the amounts of $89,000 for FY09
and $206,000 for FY10, for a total amount not to exceed $295,000.
13. Authorize execution of an agreement with
Vali Cooper & Associates, Inc. for construction management support services
for $188,000 in FY09 and $273,000 in FY10 for a total amount not to exceed
$461,000.
14. Authorize the execution of a contract
with W.R. Forde Associates for construction of the Canal Siphon Safety
Improvements – Concrete Work Pads Project in the amount of $463,470, with a 10%
change order authority of $46,347 for a total amount not to exceed $509,817.
15. Authorize the execution of an agreement
with Wausau Insurance Company for “zero deductible” Workers’ Compensation
insurance coverage for FY09 for $545,785, and issue payment of $25,000 to
Arthur J. Gallagher and Company in accordance with existing brokerage services
agreement, for a total cost for Workers’ Compensation insurance not to exceed
$570,785.
16. Authorize individual contracts for
routine goods and services for the amounts indicated on Attachments 1 - 4 with
individual orders for vendors specified at indicated amounts, with an aggregate
cost for FY09 of $10,718,000.
MOTION: Boatmun/Burgh to
approve the consent calendar. The motion
carried by a unanimous voice vote.
ACTION
17. Authorize execution of an agreement with
Bold, Polisner, Maddow, Nelson & Judson for FY09 general and
project-related legal services not to exceed $1,132,000.
Mr. Bishop reported that this item was placed on the action
calendar due to the dollar amount of the contract. The increase was related to proposed legal
services for the Alternative Intake Project (AIP) and the Los Vaqueros
Reservoir Expansion (LVE) Project. The
LVE Project accounted for $75,000 of the net increase in legal services. The remaining increase equated to 4% over the
FY08 budget.
President Campbell asked if there were any public comments. There were no comments.
MOTION: Wandry/Boatmun to
authorize execution of an agreement with Bold, Polisner, Maddow, Nelson &
Judson for FY09 general and project-related legal services not to exceed
$1,132,000. The motion carried by a
unanimous voice vote.
18. Award bids for FY09
water treatment chemicals requirements to the companies listed on the Bid and
Cost Summary at the indicated unit prices for a total cost not to exceed
$3,240,000 in FY09.
Mr. Bishop stated that the District received bids from 18
companies for 19 separate water treatment chemicals. The unit cost for water treatment chemicals
increased an average of 22% in FY09 compared to FY08. The adopted FY09 budget was therefore increased
by $1 million compared to the FY08 budget.
MOTION: Boatmun/Burgh to
award bids for FY09 water treatment chemicals requirements to the companies
listed on the Bid and Cost Summary at the indicated unit prices for a total
cost not to exceed $3,240,000 in FY09. The
motion carried by a unanimous voice vote.
19. Fiscal
Year 2009 Major Policy Calendar
a. Receive and comment on the Contra Costa Water
District’s Major Policy Calendar for Fiscal Year 2009; and
b. Concur with holding the May 20, 2009 Board of
Directors meeting on May 13, 2009.
20. Legislative
Affairs Report – June 2008
Review
update on legislative issues and adopt District positions for the
following: State Legislation AB 2404
(Salas) Energy Efficiency: Water
Efficiency Programs – Support; SB 27
(Simitian) Sacramento-San Joaquin Delta – Change from Oppose to Support; SB 691
(Calderon) Junk Dealers and Recyclers: Nonferrous Material – Support;
SB 994 (Florez) Delta Smelt – Support
if Amended; SB 1334 (Calderon)
Drinking Water: Pipes and Fittings: Lead Content – Change from Oppose to Support;
and Federal Legislation HR 3957 (Matheson) Water Use Efficiency – Support; and S 2970 (Reid and Feinstein)
Drinking Water Utilities – Support.
Mr. Bishop reported that Director of
Public Affairs Patty Friesen would be making a presentation.
Ms. Friesen reported on the
following State legislation:
AB 2404 (Salas) Energy
Efficiency: Water Efficiency Programs – Ms. Friesen reported that this bill
required the Public Utilities Commission (PUC) to issue a report to the legislature
on pilot programs for the largest electrical and gas corporations through which
they develop partnerships with water agencies to undertake water conservation
programs. The report would make
recommendations as to whether the electrical and gas corporations could achieve
cost-effective energy efficiency improvements through water conservation. Ms. Friesen referenced the California’s Water-Energy Relationship
report, which reflected the annual use of the state’s electricity, natural gas
and diesel fuel consumed each year. Future
studies would be necessary for a more accurate relationship between water
savings and energy savings. The District
would be eligible to participate in this pilot program. The recommended District position was Support.
SB 27 (Simitian) Sacramento-San
Joaquin Delta –The
District previously adopted an opposed position on the bill when it established
a Delta Water and Land Use Authority to build a peripheral canal and authorized
imposing a permanent fee on water agencies.
The bill was amended and now requires an education pamphlet for use in
public schools identifying the risks of flooding due to a Delta levee failure. The bill also requires the Department of
Water Resources (DWR) to establish stockpiling of emergency materials to fix
Delta levee breaches. The recommended
position was to Change from Oppose to
Support.
SB 994 (Florez) Delta Smelt – This bill would require the
Department of Fish and Game and DWR to develop a Delta smelt hatchery program. The program would be operated as a mitigation
bank available to banking partners for those agencies to obtain a “take”
authorization. Ms. Friesen advised that
amendment language was needed to identify the appropriate amount of funding,
and an audit process was needed to assure accountability and transparency in
operating the program. The recommended
District position was to Support if
Amended.
SB 691 (Calderon) Junk Dealers &
Recyclers: Nonferrous Metals – This bill would prohibit junk
dealers from paying for certain nonferrous materials unless proper personal and
company identification was provided by the seller. The District recommended a Support position.
SB 1334 (Calderon) Drinking Water
Pipes G Fittings: Lead Content – The District previously opposed
this legislation, which allowed lead standards for drinking water plumbing
fixtures to be certified by an independent private sector laboratory. The bill had been amended to clarify that
third-party certification would not interfere with the California Public Health
Department independent authority for lead plumbing monitoring and compliance
testing. The recommended position was to
Change from Oppose to Support.
Ms. Friesen reported on the following Federal legislation:
HR 3957 (Matheson) Water Use
Efficiency – This
bill would establish a program on water conservation and efficiency within the
Environmental Protection Agency’s (EPA) Office of Research and
Development. The EPA would be required to
carry out at least four demonstration projects for water conservation
technologies in residential or commercial buildings. The District would be able to participate in
one of the four projects. The bill is an
enhancement of a program known as Water Sense, which provides information on
water-efficient products, modeled after the Energy Star program. The recommended position was Support.
SB 2970 (Reid and Feinstein)
Drinking Water Utilities – The bill establishes the Climate Change Drinking Water Adaptation
Research Act and authorizes $25 million annually over the next ten years. It directs EPA and the Commerce, Energy and
Interior departments to provide funding for a research program through the Awwa
Research Foundation. Ms. Friesen
reported that the program included research into water quality impacts of
climate change, increased costs of water treatment, sea level rise, inadequate
water infrastructure, and the expense and environmental impact of alternative
technologies such as reuse and desalination.
The recommended District position was Support.
President Campbell asked if there were any public
comments. There were no comments.
MOTION: Wandry/Burgh to adopt District
positions for the following: State
Legislation AB 2404 (Salas) Energy Efficiency:
Water Efficiency Programs – Support;
SB 27 (Simitian) Sacramento-San Joaquin Delta – Change from Oppose to Support; SB 691 (Calderon) Junk Dealers and Recyclers: Nonferrous
Material – Support; SB 994 (Florez) Delta Smelt – Support if Amended; SB 1334 (Calderon) Drinking Water: Pipes and
Fittings: Lead Content – Change from Oppose
to Support; and Federal Legislation HR 3957 (Matheson) Water Use
Efficiency – Support; and S 2970
(Reid and Feinstein) Drinking Water Utilities – Support. The motion carried
by a unanimous voice vote.
DISCUSSION AND INFORMATION
19. Fiscal
Year 2009 Major Policy Calendar
a. Receive and comment on the Contra Costa Water
District’s Major Policy Calendar for Fiscal Year 2009; and
b. Concur with holding the May 20, 2009 Board of
Directors meeting on May 13, 2009.
Executive Management Analyst Desiree Castello reported that the
Major Policy Calendar (MPC) was last reviewed by the Board on January 16,
2008. The FY09 MPC covered the period of
July 2008 through June 2009. Changes to
the MPC included the addition of a section for the LVE project. Ms. Castello reviewed significant dates related
to this project. A second change included
the Alternative Intake Project (AIP). The
conveyance pipeline construction contract for this project was scheduled for Board
consideration in September. This would
be the final major contract for this project.
The third change was the Canal Replacement Project – Phase 1 contract,
which was also scheduled for the Board’s consideration in September.
Ms. Castello reviewed the Board meeting schedule and
identified some potential conflicts. She
reported that the first regularly scheduled Board meeting date in December conflicted
with the Association of California Water Agencies (ACWA) 2008 Fall Conference. The Board had previously approved holding an
adjourned Board meeting on December 10 to accommodate this conference. The ACWA 2009 Spring Conference also
conflicted with the regularly scheduled Board meeting on May 20, 2009. It was proposed that this meeting be moved to
an adjourned Board meeting May 13, 2009, but the Board could adjourn this
meeting at a future date.
President Campbell asked if there were any questions. There were no questions.
REPORTS FOR DISCUSSION
21. Committee Report(s)
a. Bay
Area Water Forum and Water/Land Use Subcommittee Post-Meeting Report (6/2/08)
b. Finance
Committee Post-Meeting Report (6/3/08)
President Campbell asked
if there were any comments on the committee reports. There were no comments.
22. Schedule Future Meeting Dates and Times
There
were no future meeting dates and times to schedule.
REPORTS
23. General
Manager
Mr. Bishop reported briefly on Water Resources Development
Act appropriations as it related to the federal budget.
24. Legal
Counsel
On behalf of his law firm, Mr. Maddow thanked the Board for
their action on Agenda Item No. 17. He reported briefly on the hearings being held
by Judge Oliver Wanger on the impacts to salmon from state pumping.
25. Board Members
Director
Wandry did not have a report.
Director
Burgh reported on the Bay Area Water Forum meeting he attended on June 2.
Director
Boatmun commented positively on the letter sent to the Water Education
Foundation Fund in honor of David Kennedy.
She advised that she would be attending a Board of Supervisors’
Water/Delta Workshop in July. She
reported that the Bay Area Regional Desalination Project was discussed at
Contra Costa Council Water Task Force meeting on June 17. She also commented positively on the
renovation of the District Center’s Demonstration
Garden.
Vice
President Anello reported that she would be on vacation June 24-July 19.
President
Campbell did not have a report.
ADJOURNMENT
At 7:05 p.m., President Campbell adjourned the
meeting to the next regular meeting of the Board of Directors scheduled for
July 2, 2008, at 6:30 p.m.
Joseph
L. Campbell, President
ATTEST:
Sharon L. Burris
District Secretary
