CONTRA COSTA WATER
DISTRICT
BOARD OF DIRECTORS
REGULAR MEETING
July 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
Bette
Boatmun
John
A. Burgh
Karl L. Wandry
Directors Absent: Elizabeth
R. Anello
General Manager: Walter
J. Bishop
Legal
Counsel: Robert
B. Maddow
District Secretary: Sharon L. Burris
President Campbell advised that Vice
President Anello was absent and that she had previously notified the
Board.
PLEDGE OF ALLEGIANCE
Director of Construction Dan Owre led the pledge
of allegiance.
ADOPTION OF AGENDA
Mr. Bishop reported that there were no
changes to the agenda.
PUBLIC COMMENTS
President Campbell asked if there were any public
comments. There were none.
CONSENT
1. Approve the minutes of June 4,
2008.
2. Approve the warrant register dated July
17, 2008.
3. Adopt Resolution No. 08-19 authorizing
amendment of the General Manager’s Memorandum of Understanding.
4. Authorize execution of an agreement
with Wiley, Price & Radulovich to provide employment and labor law special
counsel services for FY09, in an amount not to exceed $120,000.
5. Authorize execution of a utility
relocation agreement with Western Area Power Administration for the Canal Levee
Elimination and Flood Mitigation Project, Phase 1 – Pipeline for a total amount
not to exceed $150,000.
MOTION: Boatmun/Wandry to
approve the consent calendar. The motion
carried by a unanimous voice vote.
ACTION
6. Adopt Resolution No.
08-20 authorizing execution of Amendment No. 15 to the Retirement Plan Trust
Agreement.
Mr. Bishop reported that the proposed amendment would
enhance the retirement benefit formula from the existing 2.3% at age 55 to
2.35% at 55 years of age. The Retirement
Committee recommended authorization of the amendment at its meeting on July 8,
2008. The agreement was within the
parameters set by the Board and the meet and confer obligations had been met
with all bargaining units. Funding the amendment
would not impact current rates or the 10-year rate projection, and would not affect
the current or future employer contribution rates.
President Campbell asked if there were any public
comments. There were none.
MOTION: Boatmun/Burgh to
adopt Resolution No. 08-20 authorizing execution of Amendment No. 15 to the
Retirement Plan Trust Agreement. The
motion carried by a unanimous voice vote.
7. Increase
Commercial Paper Program Capacity
a. Adopt Resolution No. 08-21 authorizing the
amendment of Resolution No. 97-1 and a revolving credit agreement and
commercial paper issuing and paying agent agreement in connection with the
Contra Costa Water District’s Commercial Paper Notes, Series A and authorizing certain
other actions in connection therewith; and
b. Adopt Resolution No. 08-22 declaring intent
of Contra Costa Water District to reimburse certain expenditures from proceeds
of indebtedness.
Mr. Bishop reported that the commercial paper program was presented
to the Board as part of the 2009-2018 Capital Improvement Program (CIP) and the
FY09/FY10 Budget. The Finance Committee
reviewed and concurred with the recommendation for Board authorization of the
program on June 3, 2008. Adoption of the
resolution would increase the limit established by the Board on January 8, 1997
from $60 million to $100 million. The use of commercial paper would allow the
District to cash flow major capital projects, including the Alternative Intake
Project (AIP), and would allow funds to remain in District reserves for a
longer period of time.
Responding to a question from Director Boatmun concerning the
sections of the attachments which were blank, specifically the attachment
pertaining to Counsel for the District, Mr. Maddow explained that this specific
attachment was a legal opinion, which presently existed in draft form. The opinion would be updated as of the
closing date of the transaction.
Responding to a question from Director Boatmun concerning
the City of Brentwood
(City) Water Treatment Plant (WTP) and their financial obligation, Mr. Bishop
replied that the City was currently servicing the note for the WTP. The City has an obligation to take out
commercial paper 12 months after operation of the plant begins.
President Campbell asked if there were any public
comments. There were none.
MOTION: Wandry/Boatmun to
a) adopt Resolution No. 08-21 authorizing the amendment of Resolution No. 97-1
and a revolving credit agreement and commercial paper issuing and paying agent
agreement in connection with the Contra Costa Water District’s Commercial Paper
Notes, Series A and authorizing certain other actions in connection therewith;
and b) adopt Resolution No. 08-22 declaring intent of Contra Costa Water
District to reimburse certain expenditures from proceeds of indebtedness. The motion carried by a unanimous voice
vote.
8. Authorize execution of a contract with
Ranger Pipelines, Inc. for construction of the conveyance pipeline for the Alternative
Intake Project in the amount of $23,951,597, with a 10% change order authority
of $2,395,160, for a total amount not to exceed $26,346,757.
Mr. Bishop reported that this was the third contract for
the AIP and was for construction of the conveyance pipeline. The first contract for the Setback Levee and
Sitework was awarded on February 20, 2008.
The second contract for the Intake and Pump Station was awarded on June
4, 2008. A total of six bids were
received for this portion of the project and the apparent lowest responsive bidder
was Ranger Pipelines, Inc. He reminded
the Board that the project was being constructed under a Project Labor
Agreement and would be funded through the commercial paper program.
President Campbell asked if there were any public
comments. There were none.
President Campbell commented positively on the project and
congratulated staff for their expertise in obtaining permits through a
difficult permitting process.
MOTION: Boatmun/Burgh to
authorize execution of a contract with Ranger Pipelines, Inc. for construction
of the conveyance pipeline for the Alternative Intake Project in the amount of
$23,951,597, with a 10% change order authority of $2,395,160, for a total
amount not to exceed $26,346,757. The
motion carried by a unanimous voice vote.
9. Review update on legislative issues and
adopt District positions for the following: State Legislation AB 224 (Wolk) Water Supply
Planning – Support if Amended and SB
2425 (Coto) Public Health: Water Quality:
Pharmaceuticals – Support.
Mr. Bishop
advised that Director of Public Affairs Patty Friesen would be making a
presentation.
Ms. Friesen gave
an update on the following legislation:
SB I XX (Perata,
Machado, Simitian, Steinberg) – Water Quality, Flood Control, Water Storage and
Wildlife Preservation – Ms. Friesen advised that a support position was taken
on the bill; however the bill was stalled in the Assembly. A
press conference was held proposing to move the bill onto the Governor’s desk
for approval. Proposed amendments to
the bill included adding an urgency clause so that once signed it would go into
effect immediately. She advised that
there was $872 million in the bill from Propositions 1E, 84, 50 and 13. She identified District projects which could
qualify for funding in the bill. She
advised that the Senate and Assembly were currently on the summer recess.
AB 224 (Wolk)
Water Supply Planning – The bill would enact the Climate Change and Water Resource
Protection Act of 2008 and requires the Department of Water Resources (DWR) to
include an analysis of greenhouse gas emissions and climate change in any
proposed water facility. The bill cited
the State Energy Resources Conservation and Development Commission Integrated
Energy Policy Report, which states that increasing water conservation statewide
would reduce California’s
energy consumption. It also advocates
heavily recycled water projects to help meet the state’s goal of reducing
greenhouse gas emissions. The bill requires DWR to quantify statewide energy
savings and greenhouse gas emission reduction assuming the potential water use
efficiency. The District supports
amendment language to clarify that recycled water projects do not always create
a new water supply and the current level of treatment may already be beneficial
without using additional energy for further treatment. The recommended District position was to Support if Amended.
AB 2425 (Coto)
Public Health: Water Quality: Pharmaceuticals – This legislation would require
every pharmaceutical manufacturer in California
to enter into a public-private partnership with the Department of Public Health
to increase public awareness of pharmaceuticals in public drinking water
supplies. It requires that a working
group develop best management practices and address the proper disposal and
handling of pharmaceuticals. Ms. Friesen
advised that the District has participated in a research study through the Awwa
Research Foundation (AwwaRF) to determine the toxicological relevance of
pharmaceuticals in untreated source and treated water. The District also partnered with AwwaRF to
conduct research on advanced water treatment techniques and strategies that
specifically target the removal of endocrine disrupting chemicals and
pharmaceuticals in untreated source water.
The recommended position was Support.
President Campbell asked if there were any public
comments. There were no comments.
President Campbell commented that the District had been
actively participating in research concerning pharmaceuticals through AwwaRF.
MOTION: Boatmun/Wandry to
adopt District positions on the following:
State Legislation AB 224 (Wolk) Water Supply Planning – Support if Amended and AB 2425 (Coto)
Public Health: Water Quality: Pharmaceuticals – Support. The motion carried
by a unanimous voice vote.
REPORTS
FOR DISCUSSION
10. Committee Report(s)
a. Operations
and Engineering Committee Post-Meeting Report (6/19/08)
b. Bay
Area Water Forum Post-Meeting Report (6/30/08)
c. Retirement
Committee Post-Meeting Report (7/8/08)
President Campbell asked
if there were any comments on the committee reports. There were none.
11. Schedule Future Meeting Dates and Times
Mr.
Bishop advised that an invitation had been received from Supervisor Federal Glover
for staff to participate in the Board of Supervisors’ Water/Delta Workshop being held on
July 29. He advised that Assistant
General Manager Water Resources Greg Gartrell would be representing the
District at the workshop. He also
advised that he would be on vacation July 30-August 19. Assistant General Manager of
Engineering/Construction Steve Welch would be Acting General Manager during
that time.
REPORTS
12. General
Manager
Mr. Bishop reported briefly on efforts to form a coalition
and finance Emergency Actions Projects for the Delta.
13. Legal
Counsel
Mr. Maddow congratulated staff on Agenda Item No. 8 and
commented that the contract process was impressive. He advised that he would be on vacation July
17-27.
14. Board Members
Director
Boatmun reported that she attended the Contra Costa Council Water Task Force
meeting on July 15, where a presentation was given by East Bay Municipal
Utility District (EBMUD) addressing the EBMUD drought plan. She also reported on the Association of
California Water Agencies (ACWA) Region 5 business meeting she attended on July
11 and referenced a letter from Mr. Bishop to ACWA Executive Director Tim Quinn
concerning ACWA’s Strategic and Business Plan.
She advised that she would be attending the Board of Supervisors’
Water/Delta Workshop on July 29.
Director
Wandry advised that he would also be attending the Board of Supervisors’ Water/Delta
Workshop on July 29.
Director
Burgh reported that he presented to the Pleasant Hill City Council on July
7. The presentation addressed Delta
water quality and water conservation and stressed the need for the Council’s
continued support for the District’s emergency actions plan. He acknowledged Senior Public Information Specialist
Jennifer Allen for her support at the meeting.
EBMUD Director John Coleman also spoke at the meeting.
President
Campbell reported that he met with the Diablo Water District Board President
Jack de Fremery on July 9. He advised
that discussion at the meeting pertained to items of potential litigation. He also read a letter received from Citation
Northern, Inc. addressed to Water Conservation Specialist Ray Cardwell. The letter commended the District for
information and service received related to their request for a water
audit. He requested that Mr. Cardwell be
informed that the letter was acknowledged and read at the Board meeting.
ADJOURNMENT
At 7:08 p.m., President Campbell adjourned the
meeting to the next regular meeting of the Board of Directors scheduled for August
6, 2008 commencing at 6:30 p.m.
Joseph
L. Campbell, President
ATTEST:
Sharon L. Burris
District Secretary
