CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

October 1, 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 6:32 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:                           Carl P.A. Nelson

            District Secretary:                      Sharon L. Burris

 

PLEDGE OF ALLEGIANCE

 

Assistant General Manager of Planning/Operations and Maintenance Jerry Brown led the pledge of allegiance.

 

ADOPTION OF AGENDA

 

Mr. Bishop reported that minor changes were made to Agenda Item No. 1.a. – Future Services – October. 

 

PUBLIC COMMENT

 

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

 

CONSENT CALENDAR

 

1.         Approve Directors’ Services/Business and Travel Expenses

            a.   Future Services – October

            b.   Expenses – August/September

            c.   Compensation – August/September

 

2.         Approve the following minutes:

            a.   August 20, 2008

            b.   September 3, 2008

                 

3.         Approve the warrant register dated October 2, 2008.

 

4.         Approve the General Manager’s 2008 Pay for Performance award of 4%. 

 

5.         Authorize execution of a Memorandum of Understanding with the District Secretary for the term of October 6, 2008 through October 4, 2009 including a salary increase of 4.2% effective October 6, 2008.

 

6.         Authorize execution of a Memorandum of Understanding for Confidential Unit Employees for the term of October 6, 2008 through October 4, 2009 including a salary range increase of 4.2% and a salary adjustment for the Confidential Administrative Secretary classification, effective October 6, 2008. 

 

7.         Authorize execution of a Memorandum of Understanding for Unrepresented Employees for the term of October 6, 2008 through October 4, 2009 including a salary range increase of 4.2% effective October 6, 2008. 

 

8.         Authorize a conditional non-standard water service agreement with KATCAR Properties, LLC, for Lot 8 on Meritage Lane in Walnut Creek in compliance with the Code of Regulations. 

 

President Campbell reminded the Board that approval of the consent calendar would include the changes to Agenda Item No. 1.a. – Future Services – October. 

 

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

 

ACTION

 

9.         Authorize an Asset Lease Agreement with Golden State Water Company, including construction of an interconnection and interim treated water service prior to the California Public Utility Commission’s approval of the Agreement.   

 

President Campbell recognized and welcomed Golden State Water Company (GSWC) Operations Superintendent Dick Leonard who was in the audience. 

 

Mr. Bishop commented on the District’s background with water service provided to GSWC.  He reported that Mr. Brown would be providing a presentation.

 

Mr. Brown reported that Bay Point was currently being served by the Hill Street Water Treatment Plant (WTP).  The plant was owned and operated by GSWC and was the predominant source of water for the community.  The District had been providing Bay Point with wholesale treated water since 1995.  The California Public Utilities Commission (CPUC) had directed GSWC to evaluate options for fluoridated water for Bay Point.  GSWC had also recently experienced a violation of a disinfection-by-product drinking water standard.  GSWC investigated its options and advised the CPUC that the most cost effective approach to address these two issues was to eliminate the Hill Street WTP and increase treated water deliveries from the District.   Both Bay Point and the District would benefit from the expanded service.  Mr. Brown outlined the benefits for both parties.  

 

Mr. Brown identified the key terms of the agreement and advised the agreement was subject to CPUC approval.  GSWC would like to proceed immediately and interim service would be provided until CPUC approval was obtained.  Treated water would be provided from the Randall-Bold WTP consistent with the parameters set by the Board.  The District would design and construct a new intertie connection.  Should GSWC fail to obtain CPUC approval of the agreement, GSWC would pay 100% of the intertie cost. 

 

Mr. Brown reviewed the schedule and noted that public outreach meetings would be held during October and November 2008.  The interconnection for delivery of treated water was scheduled for completion in December 2008 and interim treated water service would begin in January 2009. 

 

President Campbell asked about the interconnection to be built.  Mr. Bishop responded that it was a relatively short distance and would be similar to the Antioch interconnection. 

 

President Campbell asked if there were any questions for the presenter.

 

Discussion took place on the proposed agreement.  Director Boatmun made the following statement, “Before there’s a motion I’m going to indicate that I plan to vote no and it’s a protest vote.  I understand that this is certainly the best thing to do at this time for people in Bay Point, but they’ve always been held hostage as long as I can remember, which is quite a long time.  GSWC’s mission is to maximize profit and not to necessarily benefit people.  They do things as they’re doing now, much later than it should have been done, and that’s just about everything that they do.  Only when it’s demanded by the Public Utilities Commission do they move, and then of course the money we are receiving and whatever it costs is going to be put on top of the cost for the residents of Bay Point.  They pay the highest rates in the area and the water, based on their annual report that comes out, is well below par.  This is no reflection on the staff.  I know they work as hard as they can and perhaps, at least at one point in time, needed more help to get things done.  I just wanted you to be aware that I will not be in support…it’s a protest vote.” 

 

President Campbell asked if there were any other comments.

 

Director Wandry commented that while he could agree with Director Boatmun’s concerns and protest vote, he believed this was still the best solution for Bay Point, GSWC and the District. 

 

Mr. Bishop thanked staff for their hard work and creativity in developing the agreement and the interim solution.  Director Wandry and President Campbell echoed Mr. Bishop’s comment. 

 

MOTION:  Wandry/Anello to authorize an Asset Lease Agreement with Golden State Water Company, including construction of an interconnection and interim treated water service prior to the California Public Utility Commission’s approval of the Agreement.   The motion carried by the following vote:  Ayes:  Wandry, Anello, Burgh and Campbell   Noes:  Boatmun

REPORTS FOR DISCUSSION

 

10.        Schedule Future Meeting Dates and Times

 

Mr. Bishop reported that United States Bureau of Reclamation Commissioner Bob Johnson had toured District projects including Los Vaqueros Reservoir, Old River, and the Alternative Intake Project on September 29. 

 

REPORTS

 

11.        General Manager

 

Mr. Bishop reported that SB XX I (Perata) was signed by the Governor and briefly discussed potential funding in the bill related to District projects.  He also reported that a legislative update would be provided at the Board meeting on October 15.  

 

12.        Legal Counsel

 

Mr. Nelson reported that the Appellate Court had ruled in favor of the District in the case of CCWD v. Alejandro.  

 

13.        Board Members

 

Director Burgh reported that he and Director Boatmun attended the Board of Supervisors’ Transportation, Water and Infrastructure Committee (TWIC) meeting on September 29.  Discussion took place at the meeting concerning a Cal LAFCO Conference attended by two county supervisors, where a peripheral canal was discussed.  He advised that an item concerning this issue would be placed on the Board of Supervisors’ TWIC October 20 meeting agenda.   

 

Director Burgh also reported that he had been appointed co-chair of the Land and Water Use Subcommittee of the Bay Area Water Forum. 

 

Director Boatmun reported on the programs she attended at the ACWA Region 5 meeting on September 18 and 19 in Half Moon Bay.   She referenced a program in Irvine, CA where water consumption for inside and outside square footage was calculated using a computer.  She also reported on the Annual California Special Districts Association Conference she attended on September 22-24 in Irvine, CA and the ACWA Board of Directors workshop and meeting she attended on September 25 and 26 in Sacramento.  Discussion took place on the proposed increase in ACWA dues. 

 

Vice President Anello did not have a report.

 

Director Wandry did not have a report.

 

President Campbell did not have a report.

CLOSED SESSION

 

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

Agency Negotiator:  Walter J. Bishop; Employee Organization:  Local 21.

 

15.        Conference with Legal Counsel – Consideration of Initiating Litigation as allowed under Government Code 54956.9(c) – one case.  

 

16.        Real Property Transaction as allowed under Government Code Section 54956.8; Property: Water Transfer Agreement:  Negotiating Party:  Byron Ranch; District Negotiator: 

Walter J. Bishop, General Manager; Issue:  Instruct Negotiator on Terms and Price.

 

At 7:23 p.m., President Campbell announced that the Board would move into closed session.  There were three matters before the Board.  The additional attendees for the labor negotiation item were Assistant General Manager of Administration Kurt Ladensack and Elia Bamberger, Human Resources and Risk Manager.  The matter concerning litigation did not require the announcement of additional attendees.  The additional attendees for the real property item were Mr. Brown and Principal Engineer Jeff Quimby.  

 

RECONVENE FROM CLOSED SESSION

 

17.        Report on closed session.

 

At 7:45 p.m., President Campbell reconvened the meeting and announced that the Board did not take any action on the matters before it. 

 

ADJOURNMENT

 

At 7:46 p.m., President Campbell adjourned the meeting to the next regular meeting of the Board of Directors scheduled for October 15, 2008 commencing at 6:30 p.m.

 

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

ATTEST:

 

                                               

Sharon L. Burris

District Secretary