CONTRA COSTA WATER DISTRICT

BOARD OF DIRECTORS

REGULAR MEETING

July 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

                                                            Karl L. Wandry, Vice President

                                                            Elizabeth R. Anello

                                                            Bette Boatmun

            Directors Absent:                       John A. Burgh

            General Manager:                       Walter J. Bishop

            Legal Counsel:                           Robert B. Maddow

            District Secretary:                      Sharon L. Burris

 

President Campbell advised that Director Burgh was absent and that he had previously notified the Board. 

 

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. 

 

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

 

2.         Approve the minutes of June 17, 2009.

                                   

3.                   Approve the warrant register dated July 16, 2009.

4.         Authorize execution of a contract with Energy Systems for the procurement of a standby engine generator system for the Country Club Pump Station Expansion Project, in the amount of $112,935 with a change order authority of $11,294 for a total amount not to exceed $124,229.

 

5.         Amendment to the Consulting Services Agreement for the Contra Costa Canal Fish Screen Facility Project

a.       Authorize an increase of $335,000 to the Fiscal Year 2010 Contra Costa Canal Fish Screen Facility Project; and

b.       Authorize execution of an amendment in the amount of $335,000 to the agreement with Brown & Caldwell for design services for the Contra Costa Canal Fish Screen Facility Project, for a revised total amount not to exceed $735,000. 

 

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

 

ACTION

 

6.         Eminent Domain and Possession of Property Related to the Rock Slough Fish Screen Project

a.   Adopt Resolution No. 09-15 proclaiming the necessity of and authorizing eminent domain proceedings to acquire certain real property interests for the Contra Costa Canal Intake (Rock Slough) Fish Screen Project; and

b.   Adopt Resolution No. 09-16 authorizing ex parte application for immediate possession of property on an emergency basis for the Contra Costa Canal Intake (Rock Slough) Fish Screen Project. 

 

President Campbell reviewed the meeting process for members of the audience.

 

Mr. Bishop reported that Watershed and Lands Manager Peter Colby would be giving a presentation.   The District had a successful record of acquiring properties through negotiations.  The Rock Slough Fish Screen Project was an important project and the District needed to be ready to proceed in a timely manner.

 

Mr. Colby reported that it was the District’s desire to acquire the property rights through negotiation.  The expedited project schedule required parallel courses.  Legal action would be pursued concurrently while negotiating with the landowners.  The landowners were aware of the District’s need to proceed.

 

Mr. Colby reported that the Resolution of Necessity demonstrated the need to acquire the real property and authorized the filing of the action in the eminent domain.  The District was also seeking authorization to apply for an Order of Possession, which would allow construction to proceed and defer compensation to the landowners to a later date. 

 

Using maps, Mr. Colby identified the project location, the sites for proposed land acquisition, and an area for a temporary construction easement and access rights during the building of the project. 

 

He reported that the project was required by the Central Valley Project Improvement Act in 1992.  The Los Vaqueros (LV) Reservoir biological opinion from the U.S. Fish and Wildlife Services (USFWS) and the LV water rights from the Department of Water Resources (DWR) were granted on the condition that the fish screens were built. 

 

Mr. Colby reported that the Resolution of Necessity also required that the public good needed to be balanced by the private right.  The District had made every effort to minimize impacts on the private land owners.  The District had reviewed U.S. Bureau of Reclamation’s (Bureau) design done in 1992.  Changes were made to the design reducing the amount of land that would be taken by approximately 50%. The temporary easement had also been reduced by a significant amount. 

 

Both aspects of the Resolution of Necessity were fulfilled.  The project was in the public interest and impacts on the private interest and the public good outweighed the interest of private rights.   

 

President Campbell asked if there were any questions for the presenter.  There were no questions.

 

President Campbell commented that he was pleased with the presentation.  He also noted that the Board was aware of the project, as discussions regarding it had been ongoing for several years. 

 

Mr. Colby reviewed the Order of Possession.  This would allow the District access to the property and time to negotiate with the land owners.  Construction of the fish screens need to occur during the winter of 2009-2010 to meet the requirements of the American Recovery and Reinvestment Act (ARRA) and to provide the environmental benefits from the project.  Clearing and grubbing, installation of coffer dams and dewatering of the project area would need to begin by September 1.

 

Mr. Colby reviewed the basis for the expedited action.  He reported that Governor Schwarzenegger had declared a state of emergency to combat California’s third consecutive year of drought conditions and ordered immediate actions to manage the crisis.  The USFWS issued a biological opinion in December imposing water restrictions for the protection of endangered Delta smelt.  An emergency existed which had an adverse impact on reliability of service and the health and safety of the public. 

 

Mr. Maddow advised that the District had met all of the procedural preconditions for the Board to act on a recommendation.   He also advised that the Resolution of Necessity would require four affirmative votes to pass. 

 

President Campbell asked if there were any questions.  There were no questions. 

 

President Campbell acknowledged Mr. Christopher Lee, attorney for the Jess Group, one of the property owners, in the audience.  He advised Mr. Lee that the Board had received his letter dated July 11 and that it would become part of the record.   He invited Mr. Lee to the podium.

Mr. Lee advised that he was counsel for the Jess Group and had limited exposure to the project.  There was no desire on his clients’ behalf to interrupt, stop or delay the project.  He requested that, if the Board passed the Resolution of Necessity, that the notice not be served for two weeks.  This would give time to work through the details.  He advised that the Jess Family had been in the cattle business for decades.  He informed the Board that there were presently 160 pregnant cows and disruption during and after the calving season would have a serious economic impact.   He identified other concerns including destruction of irrigation gates and another pipeline when the road was put in and the amount of land taken would need to be enlarged to provide a buffer zone between the cattle and the roadway.  He noted that he was assuming that a stipulation would be signed by next week and the District could start the project with the understanding that the fence needed to go in first.  He opined that there should not be an interruption with water supply to the pasture or to the cows. 

 

Mr. Lee referenced a power line and asked if it was going to be a temporary relocation during construction.  Mr. Bishop responded that it would be a permanent power line.  Mr. Lee asked about the location of the power line.  Mr. Bishop advised that it would be as referenced on the map. 

 

Mr. Bishop advised that the District was committed to successfully completing the negotiations.  The eminent domain issue was before the Board due to the project schedule.  Mr. Lee advised that his clients understood the District’s position.  He also advised that the land would not always be pasture land and the relocation of the power line would have an affect.

 

Discussions took place on the amount of time it would normally take in a condemnation case and the timeframe that the District was pursing.  Mr. Lee added that District staff had been extremely helpful.   

 

Director Wandry asked about the size buffer area that would be needed between the road and the cattle.  Mr. Lee responded that would need to be decided by his client’s expertise.   

 

Mr. Bishop advised that the District had tried to minimize and separate construction to reduce impact to property owners.  The District was amendable to taking more land to create a buffer for temporary construction. 

 

Mr. Lee thanked the Board for their time.

 

President Campbell asked if anyone in the audience would like to comment.  There were no comments.   

 

MOTION:  Boatmun/Wandry to a) Adopt Resolution No. 09-15 proclaiming the necessity of and authorizing eminent domain proceedings to acquire certain real property interests for the Contra Costa Canal Intake (Rock Slough) Fish Screen Project; and b) Adopt Resolution No. 09-16 authorizing ex parte application for immediate possession of property on an emergency basis for the Contra Costa Canal Intake (Rock Slough) Fish Screen Project.  The motion carried by a unanimous voice vote. 

 

DISCUSSION AND INFORMATION

 

7.                   Review and comment on the Recycled Water Update. 

 

Mr. Bishop reported that the District is the largest purveyor of recycled water per capita in the Bay Area.  He advised that Assistant General Manager (AGM) of Planning/Operations and Maintenance Jerry Brown would be making a presentation.

 

President Campbell acknowledged Delta Diablo Sanitation District (DDSD) Principal Planner Dean Eckerson in the audience and welcomed him to the meeting. 

 

Mr. Brown stated that the amount of water recycled in the District’s service area was significant.  He reported that targets were set when the Los Vaqueros Reservoir (LV) Environmental Impact Report (EIR) was adopted and the Future Water Supply (FWS) Plan was discussed in 1993.  The District was meeting those targets ahead of schedule.  

 

Mr. Brown reported that the recycled water use in the District’s service area had increased from 4,400 acre-feet (af) in 1999 to 10,000 af in 2008.  The District continues to support cost-effective recycling.  Central Contra Costa Sanitary District (CCCSD) and DDSD were the two primary purveyors for the District.  Approximately 10,000 af of recycled water was used over the last 15 years, which was equivalent to the total targets set for the LV EIR and the FWS Plan. 

 

Mr. Brown reviewed a table reflecting evidence that the amount of recycling taking place in the District’s service area was greater than any other large agency within the Bay Area.  He identified the areas and the amount of recycled water delivered, the population and the recycled water per capita. 

 

Mr. Brown reviewed the limitations of recycled water in the District’s service area.  He reported that the District was supportive of cost-effective recycling.  One of the factors considered for cost-effectiveness was the unit cost of the water.  Within the Delta there were times when the recycled water did not create new yield because of the surplus water. 

 

Mr. Brown advised that there were opportunities for the District to do more cost-effective recycling.  He noted the Calpine project, within the DDSD service area, that was developed with the purpose of utilizing recycled water.  The Concord Naval Weapons Station (CNWS) was another opportunity.  The District was working closely with the City of Concord emphasizing sustainable water development within that community and trying to minimize the surface water demand for new homes.  He also noted additional power plants along the shoreline in Pittsburg and Antioch that were considering recycled water from DDSD. 

 

Mr. Brown referenced a chart reflecting the District’s 10-year predictions for recycled water in the area.  He reported that the Pittsburg/Antioch landscaping project was receiving funds from the ARRA.  He also noted the Concord Recycled Water Project, and that the Board supported the Federal legislation which included funding for this project.  He stated that new opportunities included both the CNWS and the Mirant power plant.  He recapped that the District was delivering approximately 10,000 af of recycled water and projected to deliver 19,360 af by 2019. 

 

Mr. Brown then reviewed the fiscal impact.  He advised that agreements were in place with DDSD and CCCSD, which set forth revenue and cost-sharing principles relative to each individual project.  The District continues to support efforts to acquire state and federal assistance for cost-effective recycled water projects in the District’s service area. 

 

President Campbell asked if there were any questions for the presenter.  There were no questions.

 

President Campbell commented that prior to being on the Board, he participated in Measure W.   Discussions had taken place where a build-out would occur in 2020 or 2025 in the District’s service area.  The shortfall was predicted to be at 10,000 af.  The EIR had addressed the shortfall with reclaimed water.  The District was significantly ahead of schedule. 

 

Mr. Bishop commented that the District had met the Board’s goal in half the time. 

 

President Campbell thanked Mr. Brown for the presentation.

 

REPORTS FOR DISCUSSION

 

8.                   Schedule Future Meeting Dates and Times

 

Mr. Bishop reported that he would be in Washington, D.C. July 29-31.  He would be attending the Board DC Legislative visits with President Campbell and Director Burgh.  He would also be participating in the Aspen Institute Roundtable on July 29.  He would be on vacation August 1-18.  Mr. Brown would be Acting General Manager July 28-August 11.  AGM of Engineering/ Construction Steve Welch would be Acting General Manager August 12-18

 

REPORTS

 

9.         General Manager

 

Mr. Bishop advised that staff met with the Regional Director from the Bureau concerning funding from the ARRA on July 14.   

 

10.        Legal Counsel

 

Mr. Maddow did not have a report. 

 

11.               Board Members

 

Director Boatmun reported that she attended a site visit to the Alternative Intake Project (AIP) on July 7 with Director of Construction Dan Owre.  She thanked Engineering Manager Rachel Lenci for her thoroughness with the explanation of the AIP.  She also announced that she would not be attending the ACWA Region 5 and 8 event on July 23 and 24. 

 

Director Anello did not have a report.

Vice President Wandry did not have a report.

 

President Campbell did not have a report.

 

CLOSED SESSION

 

12.        Conference with Legal Counsel – Existing Litigation as allowed under Government Code Section 54956.9(a):  State of California et al., ex rel. Armenta v James Jones Co., et al (Contra Costa Water District); Los Angeles County Superior Court, Case No. BC 321513.

 

13.        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.

 

At 7:25 p.m., President Campbell announced that the Board would move into closed session.  There were two items before the Board.  The first item concerned real property negotiations and the additional attendees for the meeting would be the AGM of Administration Kurt Ladensack and Watershed and Lands Manager Peter Colby.  The other matter concerned litigation and did not require the announcement of additional attendees. 

 

RECONVENE FROM CLOSED SESSION

 

14.               Report on closed session. 

 

At 7:33 p.m., President Campbell reconvened the meeting and announced that the Board did not take any action on the matters before it. 

 

ADJOURNMENT

 

At 7:34 p.m., President Campbell adjourned the meeting to the next regular meeting of the Board of Directors scheduled for August 5, 2009, commencing at 6:30 p.m.

 

 

                                                                                                                                                        

                                                                                                Joseph L. Campbell, President

ATTEST:

                                               

Sharon L. Burris

District Secretary