Present: Anello, Campbell, Elcenko and Pretti

Absent: Boatmun

General Manager: Bishop

Legal Counsel: Maddow

Secretary: Holland

President Pretti led those present in the Pledge of Allegiance.

Mr. Bishop announced that Closed Session Item 12 [Conference with Legal Counsel - Existing Litigation as allowed under Government Code 54956.9(a) - San Luis and Delta-Mendota Water Authority et al. vs. EBMUD] was removed from the agenda.

PUBLIC COMMENT

There were no public comments.

Item No. 2 was pulled from the Consent Calendar.

1. Approve the Warrant Register dated April 18, 2002.

3. Authorize the General Manager to execute a contract with Blue Iron, Inc. for construction of the MP 46.5 Canal Repair and Lateral 46.7/Shortcut Intertie Improvement Project in the amount of $677,000 with change order authority of $67,700, for a total not to exceed $744,700.

4. Adopt resolution authorizing the General Manager to execute a Quitclaim Deed of Easement to Nelson Avenue Properties, LLC, in a form approved by legal counsel, to relinquish an easement right no longer required by the District.

5. Adopt resolution authorizing the General Manager to approve the filing of an application for local assistance funds from the Riparian and Riverine Habitat Program.

MOTION: Campbell/Elcenko moved to approve the Consent Calendar with the exception of Item No. 2. The motion carried by unanimous voice vote.

2. Approve the substitution of Granite Construction Company in place of the listed subcontractor, J&L Paving and Sealcoating, Inc., for paving work on the treated water pipeline and raw water system improvements for the Multi-Purpose Pipeline Project.

Director Anello stated she pulled this item from the Consent Calendar to request a brief explanation. Mr. Bishop advised that it was a fairly straightforward item involving a subcontractor that will not execute a contract with a general contractor. There is no dispute on this matter and all parties are in agreement with the requested substitution.

MOTION: Anello/Elcenko moved to approve the substitution of Granite Construction Company in place of the listed subcontractor, J&L Paving and Sealcoating, Inc., for paving work on the treated water pipeline and raw water system improvements for the Multi-Purpose Pipeline Project. The motion carried by unanimous voice vote.

6. Approve implementation of a Pilot Plumbing Referral Program.

Mr. Bishop advised that this program was previously reviewed at a Board Retreat and by the O&E Committee. He noted that a letter dated April 10, 2002 had been received from Local 159 regarding this matter and that all comments proposed in the letter are acceptable to the staff and will be incorporated into the package to be sent out by the District.

Michael Holley, Maintenance Manager (Distribution), presented the staff report. He indicated that the program has been in development for approximately one year with a goal of improving services to the District's customers. This is a voluntary program for both the District's customers and contractors doing business within the District's service area. It is proposed as a one-year pilot program focusing on the repair of lines outside of the home. If the program is successful, a fee to recover costs will be considered. The District will use a Request for Qualifications (RFQ) process to screen and qualify contractors for the program.

Mr. Bishop indicated that the District will continually add names to the list, probably on a monthly basis, and will also remove those contractors that fail to meet the established criteria or who notify the District they have gone out of business.

Mr. Holley advised that the District does not warranty the work or endorse individual plumbers. The contractors will be required to provide a written statement of the work to the customer prior to commencing any work, agree to a maximum response time, provide minimum warranty levels for the work to be performed, and agree to binding mediation or arbitration for dispute resolution.

Director Campbell stated his support for the program and asked for clarification regarding the contractor's ability to obtain bonding. Mr. Bishop responded that the contractors would be required to have their contractor licenses bonded. Director Anello spoke in support of the program, particularly in light of her recent experience in the middle of the night with a broken pipe and resultant flooding. Vice President Elcenko expressed appreciation for the comments that have been received from outside people pointing out problems the District could have if the program is not handled correctly. President Pretti also expressed his support of the pilot program. Director Anello thanked the staff for their work on this program.

Mr. Bishop pointed out that the program is not without risk and noted that precautions would be taken to ensure there are no legal ramifications to the District since the District is neither endorsing nor recommending the contractors.

MOTION: Campbell/Anello moved to approve the implementation of a Pilot Plumbing Referral Program. The motion carried by unanimous voice vote.

7. Review updates on legislative issues.

Mr. Bishop advised that there is no action for the Board to take tonight with one possible exception. This deals with the District's position on SB 1518 (Torlakson) regarding recycled water. Despite District staff having attended meetings with Senator Torlakson and proposing amendments consistent with the District's position of Support if Amended, the bill was voted out of committee with no amendments, by a vote of 8-0. Mr. Bishop expressed concern that the sanitary districts claiming they need this bill are unable to show one instance where reclamation has not gone forward as a result of current law. Mr. Bishop requested that the Board give staff the flexibility to move from a Support if Amended position to Oppose if the bill continues to move without the amendments requested by the District. He noted that ACWA has come out opposing the bill.

In response to a question from Director Campbell, Mr. Bishop responded that this item was placed on the Action Calendar in order to give the Board an opportunity, as part of the updates, to make modifications to its previous positions. Vice President Elcenko expressed concern that the bill had been voted upon without giving the District consideration for its recommended revisions. Director Anello stated her disappointment at the lack of respect Senator Torlakson had shown for the agreement that was crafted several years ago between Contra Costa Central Sanitary District (CCCSD) and CCWD. Mr. Bishop noted that legislation had been passed last year to appoint a committee of experts to look at impediments to reclamation and report back to the legislature. However, Senator Torlakson chose to move ahead with this bill rather than waiting for the report which should be out in about a year. Mr. Bishop added that staff would continue seeking amendments either on the floor, at other committees, or in the assembly. Vice President Elcenko suggested changing the District's position to Oppose Unless Amended.

MOTION: Anello/Campbell moved that the Board should retain its current position on SB 1518 - Recycled Water (Torlakson) as Support if Amended unless there is no movement on the amendments requested by the District in the very near future, in which case the District staff is granted the authority to change the Board's position to Oppose Unless Amended. The motion carried by unanimous voice vote.

7A. Scheduling Future Meeting Dates and Times

Mr. Bishop indicated that he had nothing to report on future meeting dates and times. President Pretti suggested holding the Board meeting on May 22, 2002 instead of May 15, 2002 since several Board Members and staff would be attending the ACWA Conference the week of May 6-10. After discussion, Legal Counsel Maddow advised that the Board could adjourn to May 22, 2002 at the May 1, 2002 Board meeting.

8. General Manager

Mr. Bishop indicated that the Board would be receiving a full report on his recent trip to Australia. He briefly discussed the use of natural resources and the concept of sustainability and a sustainable life style. This is a very important issue in Australia. Mr. Bishop said he believes there is a need to talk more about the sustainability of California's life style and economy with the lack of water resources available. Mr. Bishop added that he had spent a very interesting two days with 28 general managers from mostly developed countries. He pointed out that he had made two presentations, the first on Los Vaqueros permitting, and the second on the Leadership Institute. He felt the second presentation was very well received and that five or six students from foreign countries may attend the next session in North Carolina as a result.

9. Legal Counsel

Mr. Maddow reported that he had served as co-chair for the Continuing Legal Education Program in San Francisco on April 8-9, 2002. He advised that attendance was the largest over the 13 years of the program. He thanked David Briggs who had made a presentation of behalf of the General Manager and Greg Gartrell who had made one of the major presentations on CALFED, and commended them on the high quality of their presentations.

10. Board Members

Director Anello indicated that she would be attending the Concord City Council meeting on April 23, 2002.

Director Campbell advised that he had presented the annual Contra Costa Water District update to the City Council of Walnut Creek on April 16, 2002, which had been very well received. Director Campbell reported that he had presented retiring City Manager Don Blubaugh with a Director's recognition plaque in appreciation of their many years of friendship. Director Campbell also thanked Michael Holley for his work on the Pilot Plumbing Referral Program.

Vice President Elcenko indicated he had attended the City of Oakley meeting on the Dutch Slough Project on April 8, 2002. He also made a presentation to the Antioch City Council on April 9, 2002 with Director Boatmun. On April 10, 2002 he attended an ethics seminar sponsored by ACWA, also with Director Boatmun. He felt that many of the handouts from that seminar were very interesting and after Director Boatmun's return, he would like to turn some of the materials over to the General Manager. Vice President Elcenko said he had also attended the Contra Costa Special Districts Association meeting on April 15 and noted that Dwight Meadows and George Schmidt had been elected as the special district representatives to LAFCO. He indicated that he would also attend the tour of construction projects on April 23 with Director Campbell.

President Pretti wanted to clarify the procedures to be followed by Board Members regarding the budget process. If Board Members want to obtain additional information when they are going through the budget documents, they need to obtain the consensus of another Board Member before submitting a request to the staff.

President Pretti advised that he will attend the ABAG Task Force Governance/Legislative Subcommittee meeting on April 18. He added that he and Director Anello will be meeting Contra Costa Supervisor Uilkema on April 22 and they will also be making a presentation to the Concord City Council on April 23. On April 25, he will be attending a meeting of the Bay Area Coalition of Water Agencies. President Pretti will also attend the ABAG/CALFED Task Force meeting on April 29.

At 7:05 p.m., President Pretti announced that the Board would move into closed session on two of the listed items. The additional attendees would be Assistant General Manager of Administration Kurt Ladensack and Human Resources/Risk Manager Rebecca Lee.

11. Conference with Labor Negotiator, as Allowed Under Government Code 54957.6, Agency Negotiator: W. J. Bishop, Employee Organizations: Unrepresented, Local 21, Confidential, and Local 39.

13. Conference with Legal Counsel - Existing Litigation as allowed under Government Code 54956.9(a) - Contra Costa Water District vs. Regional Water Quality Control Board (Order No. 5-01-237).

14. Report on Closed Session.

At 7:35 p.m., President Pretti reconvened the meeting and announced that the Board took no action on the matters before it.

The meeting was adjourned at 7:35 p.m. The next meeting is scheduled for May 1, 2002, commencing at 6:30 p.m.

James Pretti, President

ATTEST:

______________________

Lynne Holland, Acting District Secretary