CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

May 6, 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

                                                            Karl L. Wandry, Vice President

                                                            Elizabeth R. Anello

                                                            Bette Boatmun

                                                            John A. Burgh

            Acting General Manager:            Stephen J. Welch

            Legal Counsel:                           Robert B. Maddow

            District Secretary:                      Sharon L. Burris

 

President Campbell advised that General Manager Bishop was in Washington, D.C. receiving the American Academy of Environmental Engineer’s Edward J. Cleary Award.  Assistant General Manager Engineering/Construction Steve Welch was Acting General Manager. 

 

PLEDGE OF ALLEGIANCE

 

Director of Operations and Maintenance Pete Schoemann led the pledge of allegiance.

 

ADOPTION OF AGENDA

 

Mr. Welch reported that there were no changes to the agenda. 

 

PUBLIC COMMENT

 

President Campbell asked if there were any public comments.

 

Castle Rock County Water District (CRCWD) Director Fred Allen addressed the Board on behalf of CRCWD.  He advised that approximately 55 families purchase water from the District, 75% of the residents used CCWD water in their homes and 9 families depended on CRCWD water for their homes.  CRCWD water was also used for irrigation and the operation of commercial businesses, for example, horse boarding stables.  He commented that, on April 1, CRCWD was advised that their water allotment from CCWD would be 55% of historical use.  He felt this was unfair because neighbors in the Walnut Creek area were only being asked to cutback 15%, while CRCWD was being asked to cutback 45%.

 

Mr. Allen stated that he had been in contact with Customer Service Supervisor John August and Director of Finance Brice Bledsoe.  Residents using CRCWD water in their homes received a 15% cutback as did the commercial horse operations.  This left more than 75% of the residential home owners cutback by 45%.  He referenced a neighborhood in the District similarly located on one-acre lots which was cutback by 15% based on historical average. 

 

Mr. Allen also stated that CCWD had been very fair in maintaining the metering system and helpful with emergency supplies when they have had breakdowns.    

 

He asked the Board if they had any questions.

 

President Campbell stated that CRCWD was located in his Division.  He knew their system very well, was familiar with what was taking place and had worked with the residents over a period of time.  He also stated that the Board was very limited in what could be discussed at this meeting.  The item was not on the agenda and the Board would not be able to take any action on this topic.  He explained the District’s primary supplier of water was the federal government, which had advised the District that they would receive one-half of their allotment.  The Board made the decision that inside water took priority over outside watering.  He also stated that he was aware of the letters written to the District by CRCWD and the dialogue that had taken place.  He was under the impression that an exception had been granted. 

 

Mr. Allen stated that the exceptions were for the commercial water users and they were inline with other exceptions that had been granted to other customers in the District.  There were approximately 9 homes in the area that survived on CRCWD water only.  CCWD agreed to treat them as they were treating the other residential customers.   The combined total of commercial users and residents relying on CRCWD water brought the allocation from 55% to 64%.  This left 75% of the homeowners in CRCWD cutback to 55% of their historical use. 

 

President Campbell reiterated that a discussion could not take place at this meeting because it was not agendized.  At President Campbell’s recommendation, Mr. Allen agreed to work with District staff to resolve the issues. 

 

Director Boatmun asked Mr. Allen if he felt it was unfair that their outside irrigation was being cut back.  Mr. Allen said yes.  He commented on the cooperation he had received from Mr. Bledsoe and Mr. August.  He stated that, when the agreement was made, he indicated there were further issues and a letter had been sent addressing those issues.  He stated that the homeowners were not satisfied with what had been accomplished since the majority did not receive more water.  President Campbell clarified that the District would work with Mr. Allen since he was the customer of record.  Mr. Welch advised that staff would work with him.

 

Mr. Allen thanked the Board. 

 

President Campbell commented that completing a Speaker’s Cards was appreciated as it provided a way to contact the speaker should additional information be requested, but it was not necessary to complete one to speak to the Board. 

 

President Campbell invited Concord resident Bird Morningstar to the podium.  Mr. Morningstar referenced language concerning water management on a District water bill he had received.  He felt the language was more appropriate for a fall watering schedule rather than a spring watering schedule.  He felt it was important to update this language due to the drought. 

 

Director Boatmun asked about the date on the bill.  Mr. Morningstar responded the bill was dated April 28. 

 

President Campbell thanked Mr. Morningstar for his comments.

 

Mr. Welch advised that staff would review the language and revise it as necessary.

 

CONSENT

 

1.         Approve Directors’ Services/Business and Travel Expenses

            a.   Future Services – May

            b.   Expenses – March/April

            c.   Compensation – April

 

2.         Approve the minutes of April 1, 2009. 

                 

3.                   Approve the warrant register dated May 7, 2009.

 

4.                   Authorize execution of an amended agreement with Ironhouse Sanitary District for the disposal of Contra Costa Water District solids for a term of five years, with the option to extend in additional five-year increments.

 

5.                   Authorize execution of a contract with Power Substation Services for transformer maintenance services for a total amount not to exceed $60,000. 

 

6.                   Authorize execution of a lease amendment with John Muir Health for parking on 2.4 acres of District property in Concord for a one-year term for rent of $79,040, with the option to renew for an additional year at $79,040.

 

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

 

ACTION

 

7.                   Disclosure of Specific Customer Records during the Current Water Shortage Condition

a.       Conduct a public hearing to provide information and receive comments on the proposed exception to withholding customer records; and

b.       Adopt Resolution No. 09-06 establishing a limited exception to the policy of withholding customer records information from public inspection during the period of the declared water shortage condition. 

 

President Campbell welcomed two gentlemen in the audience from Renaissance Club Sport in Walnut Creek. 

 

Mr. Welch advised that the District had received a public records act request from KNTV – NBC Bay Area News for the top ten commercial high-water users.  He also noted that the District had received this similar type of request in the past, and in one instance the District had challenged the request in court but did not prevail.  He advised that Public Affairs Director Jeff Weir would be making a presentation on this item, which could possibly provide for the release of public records during drought conditions for all customer classes.  He also advised that the District had done outreach to customers who would be impacted by this specific public records act request. 

 

Mr. Weir reported that District regulations protected the release of customer information except when the Board determines an exception applied.  State law requires a finding that the information disclosed outweighs the public interest in withholding the data.  Prior case law generally required release of the information in this type of situation.  The water shortage condition declared by the Board on March 4 represented a unique circumstance.  There is a strong public interest in how the District is operating during drought conditions which could benefit from the disclosure of information accounting for water usage. 

 

Mr. Weir reported that a public hearing was noticed in the Contra Costa Times on April 24 and posted at additional locations within the District.  Public outreach had taken place and customers affected by the release of the information had been contacted.  The District would be working with the affected customers to ensure proper context for information released.  Pending adoption of the resolution, the information being released would include the customer’s name, city, and water usage in 2008.  The resolution would apply only during the period of a declared water shortage and would apply to all customer classes. 

 

President Campbell asked the Board if they had any questions for the presenter.

 

Director Burgh asked for clarification on the “data” being released.  Mr. Welch responded that it would be broken down by the billing period. 

 

President Campbell opened the public hearing at 7:04 p.m.

 

President Campbell asked if anyone would like to address the Board.  There were no comments.

 

President Campbell closed the public hearing at 7:05 p.m.

 

Director Burgh commented that the volume of water a customer uses had a context.  He felt that footnotes or a preamble along with the data to highlight the context was important so that it could remain in that context. 

 

Director Boatmun commented that the District needed to follow the law.  She referenced an earlier case where the District was sued for not providing residential customer water use data and pointed out that the District had lost the case.  She advised that staff was extremely helpful in helping customers conserve and encouraged the public to make use of this service.  She did not wish to spend the public’s money on another lawsuit.

 

Director Wandry commented that he was not convinced that the public need outweighed the privacy in this particular case.  He opined that it was too early in the implementation of the drought program to reach any conclusions other than to just give out numbers.  As suggested by Director Burgh, numbers could mean different things and different conclusions could be drawn from them.  He noted that the media was not present at the meeting to answer questions.  He stated that action was premature and he would be opposing the recommendation.  

 

President Campbell commented that he agreed with all of the comments voiced.  He stated that he was also concerned about how the context of the information would be reported.  He noted how the District had conserved water despite increased population.  The District delivered the same amount of water last year that it delivered to its customers 31 years ago and the population had increased by 200,000.  He opined that the District would have to produce the information requested.  He concurred with staff’s approach to release the minimum amount of information in accordance with the law. 

 

Mr. Maddow commented on the legal context regarding the decision before the Board.  He referred to the case Director Boatmun referenced and reaffirmed that the District was in fact sued by a newspaper seeking information on the top 100 residential water users.  The District lost the case and had to incur the newspaper’s attorney fees.  The District took the position that the information could subject District customers to harassment and possible harm.  The Court of Appeals ruled that possible endangerment did not outweigh the public interest and its access to these public records during a drought. 

 

Director Burgh commented that after reflecting on the observations by Director Wandry and Mr. Maddow, he would suggest that the Board limit the information to exactly what was requested and not have the exception to the policy apply to all customer categories. 

 

Mr. Maddow advised that the Board could make a determination that the release of information be limited without running afoul of the statute or the District’s regulation. 

 

Mr. Welch pointed out that it would just be a matter of time before the District received additional requests for other customer categories and it would take this same process to address those requests. 

 

Director Boatmun commented that delaying the action would not be cost effective and would only postpone the inevitable.  The information released should be limited to the information requested.  She recognized that there were individual companies who were doing a great deal to implement conservation.  She advised that she would be supporting the recommendation. 

 

MOTION:   Boatmun/Campbell to Adopt Resolution No. 09-06 establishing a limited exception to the policy of withholding customer records information from public inspection during the period of the declared water shortage condition.  The motion carried by the following vote of the Board:  Ayes:  Boatmun, Campbell, Anello, Burgh   Noes:  Wandry

 

REPORTS FOR DISCUSSION

 

8.         Committee Report(s)

            a.   Bay Area Water Forum Post-Meeting Report (4/27/09)

            b.   Board of Supervisors’ – Transportation, Water and Infrastructure Committee Post-Meeting Report (4/29/09)

 

President Campbell reported that he and Director Burgh attended the Board of Supervisors, Transportation, Water and Infrastructure Committee meeting on April 27.  He referenced Agenda Item No. 7 and noted that there was a discrepancy between the information that was faxed to him from the District and the information provided at the meeting. 

 

County staff reported at the meeting that they had changed the report because they wanted to provide the committee with the latest information available on the water situation.  A Board order was attached to the meeting packet that recommended the material be substituted on a three-fourths vote.  The discussion proceeded although formal approval could not be obtained until a later date.   

 

Director Burgh stated that President Campbell’s report was an accurate rendition of his observations. 

 

President Campbell asked if there were any other comments on the reports.  There were no other comments. 

 

9.         Schedule Future Meeting Dates and Times

 

There were no future meetings dates and times to schedule. 

 

REPORTS

 

10.        General Manager

 

Mr. Welch reported that approximately 30 District employees had read 61,000 water meters during a five-day period to complete an important element of the Districts Drought Management Program.  This effort established the same baseline for all customers.  He commended District staff for their efforts. 

 

Mr. Welch also reported briefly on the District’s water supply.  Although there had been some rainfall there had also been a snowpack reduction and the water supply remained the same as what had been reported to the Board on April 1.  He also reminded the Board that the Employee Picnic would be held at Los Vaqueros on May 16. 

11.        Legal Counsel

 

Mr. Maddow commended the meter reading accomplishment by District employees, and noted that he had received positive comments from other agencies on this effort. 

 

12.               Board Members

 

Director Anello did not have a report.

 

Vice President Wandry did not have a report.

 

Director Burgh reported that he had spoken at the Pleasant Hill City Council meeting on May 4.  The Chairman of the Diablo Vista Water Service (DVWS) Advisory Committee made a presentation related to DVWS and their efforts to implement the District’s drought management plan.  He commented that the concerns expressed were the same as those from Castle Rock County Water District and the comments he had received at his presentation to the Berkshire Village Association.   DVWS requested that he convey their comments to the Board. 

 

Director Burgh also reported that he attended the Contra Costa Special District Association meeting on April 20, where Contra Costa Times columnist, Dan Borenstein was the featured speaker.  The topic was public employee retirement benefit package spiking. He stated that it was a very interesting presentation.  He also congratulated staff on the Downtown Main Replacement Project.  He noted that he had received several positive comments on the way the project was managed.   He also advised that he would be out of town and unable to attend the May 13 Board meeting and the Employee Picnic on May 16. 

 

Director Boatmun reported that she would also be unable to attend the Employee Picnic due to a prior commitment.

 

President Campbell also commented positively on the Downtown Main Replacement Project and noted that he had not received any negative comments about how the project was being managed.  He also commented on an envelope in his Board packet that did not have a return address.  He stated that in keeping with his practice, he would not be opening it.  He returned the unopened envelope to the District Secretary.   

 

CLOSED SESSION

 

13.               Conference with Legal Counsel – Existing Litigation under Government Code 54956.9(a) CCWD-Diablo Water District Arbitration.

 

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

 

At 7:36 p.m., President Campbell announced that the Board would move into closed session.  There were two matters before the Board concerning litigation and they did not require the announcement of additional attendees. 

RECONVENE FROM CLOSED SESSION

 

15.               Report on closed session.

 

At 8:05 p.m., President Campbell reconvened the meeting and announced that the Board did not take any action on the matters before it.   

 

ADJOURNMENT

 

At 8:06 p.m., President Campbell adjourned the meeting to an adjourned regular meeting of the Board of Directors scheduled for May 13, 2009, commencing at 6:30 p.m.

 

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

 

ATTEST:

 

                                               

Sharon L. Burris

District Secretary