CONTRA COSTA WATER
DISTRICT
BOARD OF DIRECTORS
REGULAR MEETING
July 1, 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
General Manager: Walter
J. Bishop
Legal
Counsel: Robert
B. Maddow
District Secretary: Sharon L. Burris
PLEDGE OF ALLEGIANCE
Director of Operations and Maintenance Pete
Schoemann led the pledge of allegiance.
ADJOURN TO A MEETING OF THE CONTRA COSTA WATER
AUTHORITY
At 6:31 p.m., President Campbell adjourned the
meeting to a meeting of the Contra Costa Water Authority.
RECONVENE FROM THE MEETING OF THE CONTRA COSTA
WATER AUTHORITY
At 6:32 p.m., President Campbell reconvened the
meeting of the Contra Costa Water District.
ADOPTION OF AGENDA
Mr. Bishop reported that there were no
changes to the agenda.
PUBLIC COMMENT
President Campbell asked if there were any public
comments. There were no public comments.
CONSENT CALENDAR
1. Approve
Directors’ Services/Business and Travel Expenses
a. Future
Services – July
b. Expenses
– June
c. Compensation
– June
2. Approve the minutes of June 3, 2009.
3.
Approve the warrant register dated July 2, 2009.
4.
Adopt Resolution No. 09-12 in support of the nomination of Director
John A. Burgh as a candidate for the position of Association of California
Water Agencies Region 5 Board of Directors.
5. Adopt Resolution No. 09-13 authorizing
amendment of the General Manager’s Memorandum of Understanding.
6. Adopt Resolution No. 09-14 authorizing
acceptance of a non-exclusive water pipeline easement from John Muir Health and
subsequent quitclaim of the existing easement.
7. Approve the issuance of a 30-year
license to Ms. Janet Davies for landscaping and parking near Clayton Canal
milepost 4.51 in Concord.
8.
Authorize the retention of Pete Billeci to provide skills
training to District electricians and staff augmentation through June 30, 2010
for an amount not to exceed $25,000.
Director Boatmun had a question concerning Agenda Item No.
7. She asked if the District had the
authority to require that landscaping on the easement be maintained. Mr. Bishop
replied, yes, that the District could enforce site maintenance if it became a
nuisance.
Director Boatmun also had a question concerning Agenda Item
No. 8 She asked if there was a testing
process for the skilled positions. Mr.
Bishop responded, yes. He advised that
Mr. Billeci would be training District electricians on equipment specific to
the District. Director Boatmun asked if the
electricians being hired were electricians by trade. Mr. Bishop responded, yes.
MOTION: Burgh/Wandry to
approve the consent calendar. The motion
carried by a unanimous voice vote.
ACTION
9. Legislative
Affairs Report – July 2009
Review update on legislative issues
and adopt District positions for the following: State
Legislation AB 234 (Huffman) Energy: Water Use − Support; AB 300 (Caballero) Subdivisions: Water Supply − Support if Amended; AB 900 (De Leon)
Water Diversion: Statements of Water Diversion and Use − Support; SB 229 (Pavley) California
Water Commission: Bay-Delta − Watch;
SB 261 (Dutton) Water Use: Comprehensive Urban Water Efficient Act – Support if Amended; SB 457 (Wolk) Sacramento-San
Joaquin Delta − Watch; SB 458
(Wolk) Conservancies: Sacramento-San Joaquin Delta Conservancy − Watch; SB 555 (Kehoe) Eminent Domain
Law: Conservation Easements − Oppose
Unless Amended; and Federal Legislation S 1138 (Feinstein-Boxer) Bay Area
Regional Water Recycling Program Expansion Act of 2009 − Support; HR 2030 (Blumenauer) Senator
Paul Simon Water for the World Act of
2009 − Watch.
Mr. Bishop
reported that Public Affairs Director Jeff Weir would be making a
presentation. He also reported that a
state budget had not been passed. There
was also a possibility that the counties, cities and specials districts’
Proposition 1A funds would be suspended.
Mr. Bishop advised
that the District had received a check for $3.5 million from the state for the
East County Integrated Regional Water Management Plan (IRWMP). A portion of the money would be forwarded to other
agencies partnering with the District in the East County IRWMP.
Mr. Weir reported on the following state legislation:
AB 234 (Huffman) Water-Saving Energy
Efficient Projects
– This bill authorizes funds from the American Recovery and Reinvestment Act (ARRA)
to be used for energy and water conservation projects. The
bill previously addressed energy-efficient projects only. The bill now applies to projects that are
energy-efficient, including conservation, recycling, appliance retrofits,
reduced pumping and water treatment programs, and installation of recycling
pipes and landscaping. The California
Energy Commission and the Department of Water Resources (DWR) would have the
authority to identify up to $300 million in eligible projects to receive these funds. The recommended position was Support.
AB 300 (Caballero)
Subdivisions: Water Supply – This bill would allow developers
to contribute to a Voluntary Demand Mitigation Fund, which would be used to finance
conservation programs and reduce impacts of water needs for new development on units
of 500 or more. The amendments would ensure that future homeowners, instead of
the water districts, were responsible for maintaining conservation devices
installed by the developer. The urban
water districts are seeking an amendment to ensure that the Covenants,
Conditions and Restrictions (CC&R) of the homeowner developments include
the stipulation that the homeowners are made aware of the conservation needs
and the obligation to maintain them in the future. The recommended position was Support if Amended.
AB 900 (DeLeon) Water Division: Statements of Delta Water Diversions and Use – Mr. Weir reported that current
law requires all water diverters, except for in-Delta diverters, to file
statements of diversion and use with the State Water Resources Control Board
(SWRCB). This bill would delete the
exemption for diversions included in the consumptive use data for Delta
lowlands and require reports to SWRCB every three years. The recommended position was Support.
SB 229 (Pavley) California Water
Commission: Bay-Delta – This bill would give the California Water Commission the
primary authority to implement “early action projects” identified in the Bay-Delta
Conservation Plan (BDCP) to improve Delta ecosystems and water quality. The Commission would have the authority to
collect fees from beneficiaries of Delta improvements projects through an
unspecified per-acre-foot charge on those who divert water from the Delta. A “Watermaster” would also be selected by the
Commission to enforce all laws relevant to successful implementation of the
BDCP. Proposed amendments would change
the financing mechanisms to either Delta beneficiaries and/or water users and
redefine the role of a proposed state Watermaster. The District’s recommended position was Watch.
SB 261 (Dutton) Water Use: Comprehensive Urban Water Efficient Act – Mr. Weir
reported that this bill was one of two bills pending in the legislature
designed to create a statewide program to implement Governor Schwarzenegger’s
20% per capita reduction by the year 2020 initiative. The bill includes amendments supported by ACWA
to identify best management practices and reporting requirements for
agriculture water users to improve efficiencies. The bill does not impose a hard conservation
target on agriculture. Urban districts
would be required to achieve the 20% reduction in usage by 2020. The District is proposing amendments to
provide flexibility, credits for ongoing conservation and multiple pathways for
water suppliers to meet the 2020 goals. A
Support if Amended position was
recommended.
Responding
to a question from President Campbell referencing how the credits would
work. Mr. Bishop replied that a credit
could be applied for prior reduction, conservation or recycling. Similar to the calculation of historical use,
where conservation could be added back to the base.
SB 457 (Wolk) Sacramento-San Joaquin
Delta Protection –
This bill would create the Delta Protection Commission which would have the
responsibility to review all general plans to ensure compliance with Delta-wide
resource management plan. Mr. Weir
advised that this was one of several Delta bills dealing with governance. The bill would also impose an ability to
collect fees on diverters and water users and beneficiaries, although the bill
does not currently specify the acre-foot charge. The purpose of the bill was to focus on a
Delta sustainability strategy. A Watch position was recommended.
Discussion
took place on potential water users benefiting from the Delta.
Mr. Bishop
noted that both SB 457 and SB 458 (Wolk)
– Sacramento-San Joaquin
Delta Conservancy were proposed as bills to Watch since they were likely to change.
SB 555 (Kehoe) – Eminent Domain Law: Conservation Easements – Mr. Weir reported that this bill
clarified conservation easements and reporting requirements. The bill specified that holders of
conservation easements are entitled to fair market value compensation when
property is purchased through eminent domain.
Amendments were being sought to ensure that public entities do not have
to compensate the property owner and the easement holder in cases where the easement
was retained. The District was not in
favor of language that could be interpreted as double-recovery. The recommended position was Oppose Unless Amended.
Mr. Weir
presented the following federal legislation:
HR 2030 (Blumenauer) Senator Paul
Simon Water for the World Act of 2009 – This is a foreign policy bill designed to increase U.S.
commitment to help local agencies in under-developed countries upgrade their
water and sanitation services. The bill
also creates a program of reimbursement for U. S. utilities that train and
educate staff from utilities of developing countries. The District’s commitment to water quality
and safe drinking water is reflected in this bill. A Watch
position was recommended.
Mr. Bishop
commented that the District currently is working on a similar program with five
other agencies. He also commented
favorably on the bill and noted that it would have very low overhead.
S 1138 (Feinstein and Boxer) Bay
Area Regional Water Recycling Program Expansion Act of 2009 – Mr. Weir reported that this bill
authorizes $33 million for six new Bay Area recycling projects in the Bay Area
including $1.8 million for a Central Contra Costa Sanitary District project and
$7 million for a project in Antioch.
Other projects were also identified in Dublin,
Petaluma, Redwood City
and Palo Alto. The bill also authorizes $5 million in
additional funds for previously approved projects. Approximately 2.6 billion gallons of water
were expected to be saved annually through these efforts. The recommended position was Support.
President
Campbell asked if there were any questions for the presenter. There were no questions.
MOTION: Boatmun/Wandry to adopt District positions for the
following: State Legislation AB 234 (Huffman) Energy: Water Use − Support; AB 300 (Caballero)
Subdivisions: Water Supply − Support
if Amended; AB 900 (De Leon) Water Diversion: Statements of Water Diversion
and Use − Support; SB 229
(Pavley) California Water Commission: Bay-Delta − Watch; SB 261 (Dutton) Water Use: Comprehensive Urban Water
Efficient Act – Support if Amended;
SB 457 (Wolk) Sacramento-San Joaquin Delta − Watch; SB 458 (Wolk) Conservancies: Sacramento-San Joaquin Delta
Conservancy − Watch; SB 555
(Kehoe) Eminent Domain Law: Conservation Easements − Oppose Unless Amended; and Federal Legislation S 1138 (Feinstein-Boxer)
Bay Area Regional Water Recycling Program Expansion Act of 2009 − Support; HR 2030 (Blumenauer) Senator
Paul Simon Water for the World Act of
2009 − Watch.
The motion carried by a unanimous voice
vote.
REPORTS FOR DISCUSSION
10. Committee Report(s)
a. Retirement
Committee Post-Meeting Report (6/5/09)
b. Board
of Supervisors’ – Transportation, Water and Infrastructure Committee
Post-Meeting Report (6/22/09)
c. Bay
Area Water Forum Post-Meeting Report (6/22/09)
President Campbell reported
that he attended the Board of Supervisors’ – Transportation, Water and
Infrastructure Committee meeting on June 22.
He commented on a presentation given by East Bay Municipal Utility
District Board Member John Coleman
President Campbell asked
if there were any other comments on the committee reports. There were no other comments.
11. Schedule Future Meeting Dates and Times
Mr.
Bishop reported that the July 8 Public Information Committee meeting would be
rescheduled due to a conflict. He also
reported that the Board DC Legislative visits would take place July 29-31. The Directors attending would be President
Campbell and Director Burgh.
REPORTS
12. General
Manager
Mr. Bishop reported that $134 million for water reuse
grants from the ARRA had been released. The
City of Antioch and City of Pittsburg golf courses were included on the list
of funded projects. These two projects were
in the agreement of support the District had with the Delta Diablo Sanitation
District (DDSD). He credited DDSD
General Manager Gary Darling for his efforts on this success.
Mr. Bishop also reported briefly on his trip to Washington D.C.,
June 29-30 where he met with the District’s Lobbyist Marcus Faust regarding
ARRA funding and District projects.
13. Legal
Counsel
Mr. Maddow did not have a report.
14.
Board
Members
Director
Anello did not have a report.
Vice
President Wandry did not have a report.
Director
Burgh reported that he would be unable to attend the Board meeting on July 15
and the Board of Supervisors’ Transportation, Water and Infrastructure
Committee meeting on July 20 due to being out of town.
Director
Boatmun reported that she attended the California Special Districts’
Association (CSDA) Education Committee meeting on June 24. The meeting was conducted via webinar. She advised that the CSDA Annual Conference
would be held September 21-24 in Indian Wells.
She also advised that she would not be attending the conference due to a
conflict with an ACWA Board of Directors meeting.
Director
Boatmun also reported that she had met with Supervisor Susan Bonilla earlier in
the day, at Supervisor Bonilla’s request.
The purpose for the meeting was to discuss landscaping at the AAA
building in Pleasant Hill. She
referenced a letter from the District to the property manager in Emeryville. She advised the Supervisor that signage
regarding conservation and saving water would be appropriate as a responsible
business member of the community.
Discussion
took place on the amount of water being used.
President
Campbell commented that he had advised at the Board meeting on June 17 that he
had respectfully declined to meet with Supervisor Bonilla as she was not a signatory
to the meter.
President
Campbell reported that he participated in a site visit of the Alternative
Intake Project on June 24 with the Director of Construction Dan Owre. He commented very favorably on the project
and the progress being made. He also
reported that he presented to the Walnut Creek Sunrise Rotary Club on June
30. He 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
15. Conference with Real Property Negotiator
as allowed under Government Code Section 54956.8; Property: Near Rock Slough
and the Contra Costa Canal, unincorporated Contra Costa County; Negotiating
Parties: APN 020-140-041; APN 020-140-007; APN 020-150-003; APN 020-130-006 and
APN 020-130-009; District Negotiator: Walter J. Bishop, General Manager; Issue:
Instruct Negotiator on Price and Terms.
16.
Conference
with Legal Counsel – Existing Litigation under Government Code Section 54956.9(a):
CCWD-Diablo Water District Arbitration.
17. Public
Employee Performance Evaluation as allowed under Government Code 54957:
Title: General Manager
At 7:15
p.m., President Campbell announced that the Board would move into closed
session. There were three matters
before the Board. The first item
concerned real property and the additional attendees for this item included
Assistant General Manager of Administration Kurt Ladensack and Watershed and
Lands Manager Peter Colby. The second
matter concerned litigation and did not require the announcement of additional
attendees. The third item concerned a
public employee evaluation and no additional attendees would be required.
RECONVENE FROM CLOSED SESSION
18. Report on closed session.
At 8:17 p.m.,
reconvened the meeting and announced that the Board did not take any action on
the matters before it.
ADJOURNMENT
At 8:18 p.m., President Campbell adjourned the
meeting to the next regular meeting of the Board of Directors scheduled for July
15, 2009, commencing at 6:30 p.m.
Joseph
L. Campbell, President
ATTEST:
Sharon L. Burris
District Secretary
