CONTRA COSTA WATER
DISTRICT
BOARD OF DIRECTORS
REGULAR MEETING
April 15,
2009
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
Bette
Boatmun
John
A. Burgh
Directors Absent: Karl
L. Wandry, Vice President
General Manager: Walter
J. Bishop
Legal
Counsel: Robert
B. Maddow
District Secretary: Sharon L. Burris
President Campbell noted that Vice
President Wandry was absent and that he had previously notified the
District.
PLEDGE OF ALLEGIANCE
Engineering
Manager Rachel Lenci led the pledge of allegiance.
ADOPTION OF AGENDA
Mr. Bishop reported that there were no changes to the
agenda.
President Campbell acknowledged and welcomed a student in
the audience from Los
Medanos Community
College.
President
Campbell announced that the District had received the Excellence in Partnering
Award from the Associated General Contractors of America
for the CCWD/City of Brentwood Water Treatment
Plant. This was the second major award
for the project. The first award was
received in February from the Construction Management Association of
America. He then presented the award to
Director of Construction Dan Owre. President
Campbell expressed his appreciation to Mr. Owre and the District for receiving
the award. Mr. Owre thanked President
Campbell and the Board.
PUBLIC COMMENT
President Campbell asked if there were any public
comments. There were no public
comments.
CONSENT
1. Approve the minutes of March 18, 2009.
2. Approve the warrant register dated April
16, 2009.
3. Authorize execution of an agreement
with ICMA-RC to continue as service provider for the District’s deferred
compensation plans for a period of three years, with an option to renew for a
period of two additional years based on satisfactory performance.
4. Agreement to provide consulting
services for the Contra Costa Canal Fish Screen Facility
a.
Approve a $400,000 budget transfer from the FY09 Capital
Contingency to the Contra Costa Canal Fish Screen Facility Project; and
b.
Authorize execution of an agreement with Brown &
Caldwell for professional engineering services to design the Contra Costa Canal
Flow Control Structure in an amount not-to-exceed $400,000.
President Campbell advised that there were two revised
items before the Board. Agenda Item No.
1. – Approve the minutes of March 18, 2009 had been revised. Agenda Item No. 7.a. – Board of Supervisors’ Transportation, Water and Infrastructure Committee
Post-Meeting Report had also been revised.
Approval of the consent calendar would include approval of these two
revisions.
MOTION: Boatmun/Burgh to
approve the consent calendar. The motion
carried by a unanimous voice vote.
ACTION
5. Legislative
Affairs Report – April 2009
Review update on legislative issues and adopt District positions
for the following: State Legislation AB
49 (Feuer) Water Conservation: Urban
Water Use – Change from Watch to Support
if Amended; AB 450 (De La Torre) Recycled Water – Support if Amended; AB 474 (Blumfield) Contractual
Assessments: Water Efficiency
Improvements – Favor; AB 629
(Krekorian) School Facilities: Water – Support; AB 804 (Hall) Invasive Aquatic
Species: Mussels – Support; AB 1061 (Lieu) Common Interest Developments: Water Efficient Landscapes – Support; AB 1187 (Huffman) Safe, Clean,
Reliable Drinking Water Supply Act of 2010 – Watch; AB 1408 (Krekorian) Subdivision: Water Conservation
Mitigation Fund – Favor; SB 301
(Florez) Water Supply Reliability and Ecosystem Recovery and Restoration Act of
2009 – Watch; SB 371 (Cogdill) Safe,
Clean Reliable Drinking Water Supply Act of 2009 – Watch; SB 456 (Wolk) Safe, Clean, Reliable Drinking Water Supply
Act of 2010 – Watch; SB 735
(Steinberg) Safe, Clean, Reliable Drinking Water Supply Act of 2010 – Watch; and Federal Legislation HR 856
(Radonovich) California Drought Alleviation Act of 2009 – Watch; and HR 996 (Nunes) To Temporarily Exempt Certain Public and
Private Development Projects from the National Environmental Policy Act of 1969
– Watch.
Mr. Bishop advised that Public Affairs Director Jeff Weir
would be making his first presentation. He also referenced a template that was
included in the legislation packets the Board received for the State
Legislative visits in Sacramento.
Mr. Weir reported that the District was recommending a Watch position on the following five bond
bills addressing the state’s water infrastructure requirements:
AB 1187 (Huffman)
Safe, Clean, Reliable Drinking Water Supply Act of 2010 – This bill totaled
approximately $10 billion and provides for an annual appropriation of
funds. It supports storage, Delta
sustainability, drinking water quality, conservation and water recycling. The bill also allowed an unknown agency the
power to impose a water fee.
SB 301 (Florez)
Water Supply Reliability and Ecosystem Recovery – The
legislation totaled approximately $15 billion, with $7 billion for CALFED
storage projects. The language in the
bill regarding the Area of Origin was controversial because it did not include
the Delta within the Sacramento Hydrologic Region.
SB 371 (Cogdill)
Safe, Clean, Reliable Drinking Water Supply Act of 2009 – This bill totaled
$9.98 billion and included continuous appropriations.
SB 456 (Wolk)
Safe, Clean, Reliable Drinking Water Supply Act of 2010 – This bill was approximately
$9.81 billion and also included continuous appropriations.
SB 735
(Steinberg) Safe, Clean, Reliable Drinking Water Supply Act of 2009 – This
legislation would authorize the Department of Water Resources to impose a
continually appropriated fee on state water users. The bill included a continuous appropriation
and totaled approximately $9.79 billion.
President Campbell asked if a Watch position was recommended on all of the bond bills. Mr. Weir replied, yes.
Mr. Weir also reported on the following proposed legislation:
AB 49 (Feuer)
Water Conservation: Urban Water Use – This was one
of several bills drafted to meet the Governor’s call for 20% conservation in
urban per capita water use by December 2020.
The District had drafted amendments which have been reflected in the
current language. The first amendment was that targets
would take into consideration regional differences and past conservation
achievements by urban water suppliers.
The second amendment was to propose Best Management Practices for
agriculture. The District supports these
amendments and suggests that additional language be added to define urban water
use as potable supplies in order to separate it from industrial use. The recommended position was to Change from Watch to Support if Amended.
AB 629 (Krekorian)
School Facilities: Water – This
legislation would require school districts to conduct assessments of lead in
water for any plumbing that had not been updated since 1993. This was in alignment with the District’s
efforts to inform and assist school with lead prevention program. The cost of testing was reasonable and water
districts throughout the state could provide support for these types of
assessments. The recommended position
was to Support.
Mr. Bishop advised that the District had worked with
schools in the service area to help educate them on this matter. Director Boatmun asked if the bill
appropriated money to conduct the assessments.
Mr. Weir responded that the bill was still in the initial policy hearing
and that appropriations had not been established.
AB 804 (Hall)
Invasive Aquatic Species: Mussels – This bill
provides for protection of water agencies that have implemented eradication and
control plans from liability for the introduction of quagga or zebra
mussels. The Department of Water
Resources would also be required to study control plans and the methods by
which the mussels were being introduced to water supplies. The recommended District position was Support.
AB 474
(Blumfield) Contractual Assessments:
Water Efficiency Improvements – Mr. Weir reported that cities and
counties were currently authorized to coordinate with property owners to
install permanent water efficiency improvements. This bill would amend the provision to
include public agencies, which could encourage additional conservation
improvements within the District’s service area. Supporters of the bill included Metropolitan
Water District and the California Municipal Utilities Association. A Favor
position was recommended for this bill.
AB 1061 (Lieu)
Common Interest Developments: Water
Efficient Landscapes – Mr. Weir reported that legislation passed in 2006 denied
homeowners’ associations from prohibiting drought-tolerant plants or compliance
with water-efficient landscape ordinances.
This bill would eliminate any remaining loopholes in the
legislation. A Support position was recommended.
AB 1408
(Krekorian) Subdivision: Water Conservation Mitigation Fund – AB 1408 would
enable developers to create a net zero water impact by paying conservation
measures on their worksite or elsewhere within the service area. The fund would be managed through a public
water system’s conservation management fund.
The legislation was also being supported by East Bay Municipal Utility
District. The position being recommended
for the District was Favor.
AB 450 (De La
Torre) Recycled Water – Mr. Weir reported that this bill was amended on April
14 and the revised language was pending staff review. It was recommended that no position be
adopted for this bill pending review of the proposed language.
Mr. Weir reported on the following Federal legislation:
HR 856
(Radonovich) – California
Drought Alleviation Act of 2009 – This bill would suspend the Endangered
Species Act (ESA) restrictions under a drought emergency. It would also encourage sufficient water
supplies from municipal, industrial and irrigation uses. A Watch
position was recommended for this bill.
HR 96 (Nunes)
Temporarily Exempt Development Projects from Requirements for Review, Statement
or Analysis under the National Environmental Policy Act of 1969 (NEPA) – This
legislation would suspend both ESA and NEPA during a drought emergency. It would exempt short-term development
projects that were needed to reduce the impacts of the drought condition including
the operation or any water supply or flood control projects. The recommended District position was Watch.
President Campbell asked if there were any questions for
the presenter. There were no
questions.
President Campbell asked if anyone in the public would like
to comment or had any questions. There
were none.
President Campbell thanked Mr. Weir for the
presentation.
MOTION: Boatmun/Burgh to
adopt District positions for the following:
State Legislation AB 49 (Feuer) Water Conservation: Urban Water Use – Change from Watch to Support if Amended; AB 474 (Blumfield)
Contractual Assessments: Water
Efficiency Improvements – Favor; AB
629 (Krekorian) School Facilities: Water
– Support; AB 804 (Hall) Invasive
Aquatic Species: Mussels – Support; AB 1061 (Lieu) Common Interest
Developments: Water Efficient Landscapes
– Support; AB 1187 (Huffman) Safe,
Clean, Reliable Drinking Water Supply Act of 2010 – Watch; AB 1408 (Krekorian) Subdivision: Water Conservation
Mitigation Fund – Favor; SB 301
(Florez) Water Supply Reliability and Ecosystem Recovery and Restoration Act of
2009 – Watch; SB 371 (Cogdill) Safe,
Clean Reliable Drinking Water Supply Act of 2009 – Watch; SB 456 (Wolk) Safe, Clean, Reliable Drinking Water Supply
Act of 2010 – Watch; SB 735
(Steinberg) Safe, Clean, Reliable Drinking Water Supply Act of 2010 – Watch; and Federal Legislation HR 856
(Radonovich) California Drought Alleviation Act of 2009 – Watch; and HR 996 (Nunes) To Temporarily Exempt Certain Public and
Private Development Projects from the National Environmental Policy Act of 1969
– Watch. The motion carried by a unanimous voice
vote.
DISCUSSION AND
INFORMATION
6.
Review the projected FY09/FY10 expenditures associated with
the 15% Drought Management Program adopted by the Board on April 1, 2009.
Mr. Bishop reported that staff had committed to keep the
Board apprised of expenditures related to the Drought Program. He advised that Director of Finance Brice
Bledsoe was present with a presentation if it was the pleasure of the
Board. President Campbell asked if the
information was different than the information included in the agenda packet. Mr. Bishop responded, no. President Campbell asked the Board if they
would like a presentation. It was the
consensus of the Board that the information was clear and a presentation was
not necessary.
REPORTS FOR DISCUSSION
7. Committee Report(s)
a. Board
of Supervisors’ Transportation, Water and Infrastructure Committee Post-Meeting
Report (3/30/09)
b. Operations
and Engineering Committee Post-Meeting Report (4/2/09)
President Campbell reminded
the Board of the revision to Item No. 7.a. and asked if there were any comments
on the committee reports. There were no
comments.
8. Schedule Future Meeting Dates and Times
Mr.
Bishop noted that the District would be hosting the Contra Costa Council Board
of Directors meeting on April 17.
Director
Boatmun reported that she would be participating in an Association of
California Water Agencies (ACWA) Excellence in Water Leadership Award
conference call on April 20. She also
reported that she had received an invitation from the Joint Powers Insurance
Authority/ACWA to attend a 30th Anniversary event on May 18 in Sacramento.
REPORTS
9.
General Manager
Mr. Bishop reminded the Board that he would be in Washington,
D.C. during the May 6 Board meeting receiving
the American Academy
of Environmental Engineers Edward J. Cleary Award. Assistant General Manager of Engineering/Construction
Steve Welch would be Acting General Manager.
He also announced that $20 million for the District’s Rock Slough Fish
Screen Project was included in the American Recovery Reinvestment Act’s federal
stimulus package. He acknowledged
Assistant General Manager of Water Resources Greg Gartrell for his efforts with
the biological opinion on the project.
President Campbell spoke positively about the project and commended
District staff for their efforts in getting the project included in the
stimulus package. He noted the
importance of this achievement and referenced this as another example of the
District bringing in outside funding.
Director Boatmun also commended staff for their efforts.
10.
Legal Counsel
Mr. Maddow reported that the District had been named in two
lawsuits. The first involved a challenge
of the Bay Delta Conservation Plan’s development process of the South and
Central Delta Water Agencies. The second
case was filed by groups that were challenging the environmental documentation
for DWR’s 2009 Drought Water Bank. The
cases would be evaluated and, if necessary, would be discussed with the Board
in closed session.
11.
Board
Members
Director
Burgh reported on the State Legislative Day that he attended with President
Campbell, Mr. Bishop and Mr. Weir on April 14.
Meetings were held with Senator
Mark DeSaulnier, Asemblymember Jean Fuller and Assemblymember Joan Buchanan,
where issues were reviewed that were of importance to the District. Meetings were also held with consultant Jennifer
Gailhouse, from the Office of Speaker of the Assembly Karen Bass and Kipp
Lipper, a policy consultant, from the Office of Senate President Pro-Tem Darrel
Steinberg’s office. Discussions took
place on the upcoming election and the five ballot propositions. He spoke positively that all of the Assemblymembers
were available to meet.
President
Campbell reported that the meetings with the Assemblymembers were very cordial
and that they were aware of the District’s projects He
commented that they were marketing the District’s brand.
Director
Burgh also commented that he had attended a meeting of the Berkshire Village
Association’s Board of Directors on April 9.
He complimented Senior Public Information Specialist Jennifer Allen and
Water Conservation Specialist Ray Cardwell for their assistance and support at
the meeting. He advised that it was a
positive meeting and the members showed an interest in having individual water
audits made on their properties. He also
reported that he would be attending the Sanitation and Water Agency meeting on
April 23 in Pittsburg. The topic for the meeting would be the
benefit of commercial car washes during the drought.
Director
Boatmun reported that she and Director Burgh had attended the ACWA Region 5
event on April 3 in Livermore. Brent Haddad, from the Center for Integrated
Water Research, a Professor of Environmental Studies, UC Santa Cruz spoke
regarding placing interns with water agencies.
Mr. Bishop replied that the District has a very aggressive Intern
Program. Recruitment brochures would be
sent to Professor Haddad for next year, as positions for this year were
filled. Another featured speaker was Robin
Newmark, the Deputy Program Leader of Energy and Environmental Security at the
Lawrence Livermore Laboratory. An open
round table discussion on water rationing was moderated by Region 1 Chair Paul
Helliker. A Region 5 business meeting
followed the round table discussion.
Director
Anello did not have a report.
President
Campbell did not have a report.
ADJOURNMENT
At 7:27 p.m., President Campbell adjourned the
meeting to the next regular meeting of the Board of Directors scheduled for May
1, 2009 and commencing at 6:30 p.m.
Joseph
L. Campbell, President
ATTEST:
Sharon L. Burris
District Secretary
