Division 2 Vacancy Filled, Board Approves Precedent-Setting Water Deal for Major Walnut Creek Senior Housing Complex

The Contra Costa Water District marked its 90th anniversary, filled a vacant board seat, and broke new ground with a phased infrastructure agreement that will let construction begin on a 302-unit senior housing development while federal and state permits work through a months-long pipeline — all as an invasive mussel species forces the district to quadruple its cleaning schedule at critical delta pump stations.

• Board authorizes non-standard water agreement for The Glen at Heather Farm, a senior housing and skilled nursing complex in Walnut Creek, allowing construction to begin while 12-month federal and 8-month state reviews proceed

• Golden mussel infestations accelerate, forcing CCWD to increase fish screen cleaning at delta pump stations from every two to three years to every six months

• Daniel Fitzpatrick appointed to the vacant Division 2 board seat, restoring full representation ahead of major canal replacement and rate decisions

• CCWD celebrates 90 years of water service with resolutions from the County Board of Supervisors and ACWA

• New Prop 218 legal wins by Marin Municipal and East Bay MUD strengthen protections for future water rate actions statewide

Editor's Note: Due to a technical issue, Locunity's systems missed the May 13, 2026, meeting. The issue is now resolved.

Three Nominations, One Appointment

The special meeting had a single purpose: interview candidates and fill the Division 2 seat left vacant by Director John Burgh. Eight residents applied; the board narrowed the field to five finalists — Cedric Cheng, Daniel Fitzpatrick, Oliver Greenwood, Mr. Maris, and Ms. Picard — each given 15 minutes to answer a uniform set of questions from the four sitting directors.

Why it matters: The Contra Costa Water District serves roughly 550,000 residents and faces a series of high-stakes capital decisions — an aging canal replacement project with significant regulatory hurdles, the Los Vaqueros Reservoir expansion, growth pressure from the Concord Naval Station redevelopment, and delta salinity challenges tied to drought. A vacant seat means one fewer vote and voice on those decisions.

Where things stand: The candidates presented distinct profiles. Fitzpatrick leaned on his legal background, telling the board: "The first one that comes to mind in respect to the challenges would be environmental challenges that we're facing in the near term or the not too distant future with global warming. It needs to be on the mind of the board, especially given the challenges with the salinity of the delta during the dry years." He also identified constituents — not peer agencies — as the district's most important partner: "I believe the biggest partner is the constituents. It's really making sure that the interface between the community and the board is such that the community really believes the board's carrying on the mission of the district."

Greenwood brought years of leadership on nonprofit and civic boards, including presidencies of the Contra Costa County Bar Association and the Pleasant Hill Baseball Association. He stressed the importance of unity after a vote is taken: "Even with disagreements, when we went out to the public, we were all united, regardless of the decision. I didn't always have to agree, but when the board made a decision, that's what we stuck with."

Ms. Picard, a retired public administrator with more than 40 years at BART, East Bay Regional Park District, and Kings County, zeroed in on infrastructure funding as the district's top challenge: "Most of the infrastructure for those agencies is old and needs replacing. And you don't get a lot of help from the state and federal government. So that is a huge issue hanging over your head." She also advised the board to think about what skills would best complement its current makeup: "You're looking for fit, you're looking for what do they bring that might be unique."

The other side: When deliberation began, the directors revealed sharply different priorities. Director Connstance Holdaway nominated Cedric Cheng first, praising all five candidates but singling out Cheng. The motion failed for lack of a second.

Director Patricia Young then championed Greenwood, citing his philosophy on board cohesion: "One of the comments that stood out most was Mr. Greenwood about how one functions on the board, and how we come out and present a united front. That really meant a lot to me because there are boards that don't do that and go rogue." President Ernesto Avila seconded the motion, praising Greenwood's community involvement. But Vice President Antonio Martinez and Director Holdaway both abstained, sinking the motion at 2 yes, 0 no, 2 abstentions, with the Division 2 seat vacant.

Vice President Martinez then made the case for Fitzpatrick's regulatory expertise, framing it around the district's biggest pending project: "We are engaging in a canal project that is going to have a lot of regulatory hurdles for us. Having someone with some level of expertise in that area is important to me." He added: "One of the things that stood out for me for Mr. Fitzpatrick was the first person you mentioned as a partner was your constituents, our customers, and that is who we're here to serve."

Decisions: Vice President Martinez moved to appoint Fitzpatrick; Director Holdaway seconded. The motion passed 3-0-1, with Director Young abstaining and the Division 2 seat vacant. Fitzpatrick's CEQA experience in the Attorney General's office and land use work in the San Francisco City Attorney's office appear to have been the decisive factors for the majority.

What's next: Fitzpatrick will be onboarded and sworn in before the board's May 20 regular meeting, at which point the district will have a full five-member board for the first time since the vacancy opened.

Phased Water Deal Lets Senior Housing Construction Move Forward

The board unanimously approved a first-of-its-kind agreement that will allow a major senior housing developer to begin construction on water infrastructure at The Glen at Heather Farm in Walnut Creek — even as two separate government agencies work through approval processes that could take a year or more.

The basics: The Glen at Heather Farm is a senior housing and retirement community planned for a site at the edge of CCWD's service area boundary with East Bay MUD. The project includes a 302-unit, four-story residential building, 52 single-level villas, a skilled nursing facility, and a recreational center. The development requires extensive on-site and off-site water infrastructure, including a recommended secondary redundant pipeline extension of approximately 4,500 linear feet — about 0.8 miles — to connect to the district's Zone 2 system.

Why it matters: Two regulatory bottlenecks stand between the project and full water service. A pipeline crossing of the Ignacio Canal requires a 12-month Bureau of Reclamation review for land rights. A separate State Water Resources Control Board review for utility separation exceptions is expected to take eight months. Without the phased agreement, no construction could begin until both agencies signed off — potentially delaying delivery of senior housing by well over a year.

Where things stand: Director of Engineering Peter Stab laid out the mechanics of the deal in a detailed presentation spanning roughly 30 minutes. Under Phase 1, the applicant installs on-site fire hydrants using a temporary Zone 1 connection — for emergency fire water and construction water only. No permanent services, meters, or occupancy are allowed. Phase 2, triggered only after all federal and state approvals are obtained, proceeds under a standard agreement. The entire system must pass pressure and bacteriological testing before final acceptance.

"The pipeline crossing that is being proposed does require their review for land rights. We have initiated that process and we expect that process to take approximately a 12-month review duration," said Peter Stab, Director of Engineering. He confirmed that hydraulic modeling supports 4,000 gallons per minute for four hours from the hydrants — meeting both CCWD and fire protection district requirements.

"The pipe, the service pipe, our backflow device meters, none of that is being installed until the Phase 2 standard agreement comes through," Stab added.

The developer bears all cost and liability risk. The fire protection district will independently verify fire flow adequacy. And the looped pipeline extension would also increase water reliability for the nearby Seven Hills School, with CCWD evaluating broader benefits for potential future developments in the area.

The other side: Director Connstance Holdaway was the most vocal in expressing reservations about the unprecedented nature of the deal.

"This really gives me pause. I read through all the key terms and the applicant's bearing all the liability, but it really gives me pause," she said. She ultimately came around: "While I'm still paused, I understand where we're going, and I'm going to support the recommendation because I think you're right. It's a very important development. But just get that key language in there."

Vice President Antonio Martinez zeroed in on fire liability during construction and protections against delays outside CCWD's control. "What we don't have control over is the State Water Resource Control Board and the Bureau of Reclamation. We have no control over their timing. So as long as we have enough language in the agreement that protects us because of what we can't control," he said.

Director Patricia Young echoed concerns but accepted the recommendation, saying the agreement "seems fraught with potential for other issues" while acknowledging the project's importance.

President Ernesto Avila framed the project in terms of seismic resilience and housing need. "You're not too far away from the Concord fault. Which means that the loop recommendation is something I'm going to support because we need to make sure that we have a good level of redundancy for sensitive community," he said. He added that his "biggest concern has been making sure that nobody's going to live there and take occupancy until Zone 2 is looped going into the entire development. That's what gives me peace of mind."

Legal Counsel Doug Cody noted that "the fire protection district will actually do its own testing. If there is a need for supplemental supply, if it doesn't meet their standard, that will be required before it proceeds as well."

Decisions: The motion, made by Vice President Martinez and seconded by Director Young, passed unanimously (For: 4, Against: 0, Absent: 1 — the Division 2 seat was vacant at the time of the vote, with Daniel Fitzpatrick not yet sworn in).

What's next: The applicant will proceed with Phase 1 construction while CCWD works through the Bureau of Reclamation and State Water Resources Control Board review processes. No occupancy can occur until Zone 2 service is fully connected and accepted. Fitzpatrick's swearing-in is scheduled for May 20.

Golden Mussels Force CCWD to Quadruple Pump Station Cleaning

An invasive species is escalating from nuisance to operational threat at CCWD's delta water intakes, upending assumptions about when the organisms are active and driving a dramatic increase in maintenance costs.

Why it matters: CCWD draws its raw water supply from the Sacramento–San Joaquin Delta. Golden mussels colonize intake infrastructure — particularly the fine-mesh fish screens required at pump stations — clogging water flow and triggering pressure alarms. The infestations are now growing far faster than previously understood.

Where things stand: General Manager Rachel Murphy reported that after six weeks of cleaning golden mussels from the Old River pump station, crews moved to the Middle River pump station and found significant growth since the last cleaning in October.

"Winter was previously thought to be a period of low activity for golden mussels due to cold weather and water temperatures. So with this new information, the screen and facility cleaning, which had previously been on a two-to-three-year rotation, we're now stepping up to an every-six-month rotation," Murphy said.

Vice President Martinez asked about impacts on pump performance. Murphy confirmed that pressure differentials and alarms were triggered last year from clogging worse than what was currently observed. President Avila asked about inspections at the Los Vaqueros and Contraloma facilities; Murphy said divers are still preparing a dive plan for June.

On the legislative front, Murphy reported that "Senator Schiff is leading the Golden Mussel Eradication and Control Act in the State Senate, which is going to serve as a companion bill to Congressman Harder's similar legislation." CCWD is formally endorsing both bills. Cost implications from the increased cleaning schedule will be addressed in the next two-year budget cycle.

Prop 218 Legal Wins Give Water Agencies New Confidence on Rate Actions

Legal Counsel Doug Cody reported that two ACWA-sponsored laws designed to protect water rate actions from legal challenges have scored early courtroom victories — a development with direct relevance to CCWD's upcoming canal replacement program and future rate adjustments.

The basics: Proposition 218, passed by California voters in 1996, requires water agencies to follow strict procedural rules when raising rates. Legal challenges to rate actions have been a persistent risk for utilities across the state.

Why it matters: Assembly Bill 323 created a 120-day statute of limitations for challenges to rate actions. Marin Municipal Water District successfully used it in an appellate decision upholding the law. Assembly Bill 2257 created an exhaustion of administrative remedies requirement and limited trial evidence to the administrative record — similar to how CEQA challenges work. East Bay MUD was the first agency to use AB 2257, defeating a complaint through a pretrial demurrer motion, though an appeal is expected.

"From an ACWA standpoint, being a member of the Legal Affairs Committee and the Prop 218 subcommittee that helped draft both of these bills, we are very pleased that they are appearing to be successful and should give us all a little hope that our rate actions in the future will have a little bit more stability," Cody said. He added that Assembly Bill 2180 is also progressing through the legislature.

CCWD Marks 90 Years With County and ACWA Resolutions

The district, incorporated May 9, 1936, celebrated its 90th anniversary with an open house at the Bowman Water Treatment Plant on May 9 and formal recognition from two key partners.

Supervisor Ken Carlson of the Contra Costa County Board of Supervisors presented a resolution, calling water "the foundation of everything we try to do. Our housing, our business, the foundations of our community, even our public health. And to reach this milestone and delivering those services for that period of time is truly exceptional."

Jennifer Rotz of the Association of California Water Agencies presented a resolution noting CCWD's 80-year ACWA membership. "From navigating droughts to investing in critical infrastructure and protecting the delta ecosystem, Contra Costa has consistently set an example for all of us. You've been a steady voice and a trusted partner at the ACWA table," she said.

President Avila reflected on more than 20 years of personal involvement, saying the board is "making decisions now that are going to make us ready for the next 90. It takes a lot of guts to kind of get to that point."

Director Young praised the open house, noting her daughter was struck by how enthusiastic staff members were and "was just really impressed that people so enjoyed their jobs and were so eager to explain things to her."

Minor Items

• Consent calendar (Items 2–6) approved unanimously, including Resolution 26-008 designating CCWD's agents for federal and state disaster assistance; a $242,000 agreement with the City of Concord for valve can replacements coordinated with the city's Residential Paving Phase F Project; the May 2026 directors' business activities calendar; the May 14, 2026, warrant register; and minutes from the March 27 and April 15 board meetings.

• ACWA announced Carla Namath as incoming executive director starting Sept. 1, replacing outgoing director Marwan Khalifa, who will stay for transition.

• Vice President Martinez reported presenting the canal replacement program to Future Build trainees and noted Pittsburgh's data center project will require CCWD involvement.

• President Avila reported beginning gubernatorial candidate briefings as part of ACWA's Vision for Water Future initiative, meeting with staff for Mayor Mahan, Sheriff Bianco, and Steve Hilton's team.

• Two closed session items — water supply exchange negotiations with Del Puerto Water District and Valley Water — resulted in no reportable actions.