MINUTES OF THE FORMAL BOARD OF DIRECTORS' MEETING
NOVEMBER 18, 2004
ENGINEERING AND OPERATIONS COMMITTEE
CALL TO ORDER / ROLL CALL
Chairman Pocklington called the Engineering and Operations Committee to order
at 9:00 a.m. Committee members present were Vice Chairman Knutson, Directors
Buckner, Bopf, Dixon, Ferguson, Johnson, Muir, Rogers, Saunders and Valderrama.
Committee member absent was Director Parker. At that time, there was a quorum
of the Committee. Also present were Directors Ball, Bond, Bowersox, Brammell,
Dailey, Lewinger, Loveland, Martin and Watton. Staff present was Ms. Stapleton
and Messrs. Hentschke, Lanspery, Eaton, Economides, Rose, and Stift.
ADDITIONS TO AGENDA
Chairman Pocklington stated there were no additions to the Consent Calendar,
but that Item 2 was pulled.
PUBLIC COMMENT
There were no public comments.
CHAIR’S REPORT
Chairman Pocklington announced that the American Society of Civil Engineers,
California Section, awarded the 2004 California Outstanding Civil Engineering
Project award to The San Diego County Water Authority and Olivenhain Municipal
Water District for the Olivenhain Dam and Reservoir Project.
Chairman Pocklington and other Board members thanked Director Buckner for
his years of service.
I. CONSENT CALENDAR
Chairman Pocklington called for a motion on the remaining Consent Calendar Items
1 and 3. Vice Chairman Knutson moved and Director Valderrama seconded, and the
Consent Calendar carried unanimously.
1. Pre-Procurement Contract for Replacement Pipes.
Staff recommendation: Award a procurement contract to LWC of Houston in the
amount of $310,194 for replacement pipes.
2 Notice of Completion for equipment pre-procurement for Olivenhain Pump Station
and Olivenhain 8 Flow Control Facility.
Staff recommendation: Authorize General Manager to accept the equipment pre-procurement
for the Olivenhain Pump Station and Olivenhain 8 Flow Control Facility as complete
and record the Notice of Completion.
3. Notice of Completion Pipeline 3 and Pipeline 4 relining Black Mountain to
Miramar Hill.
Staff recommendation: Authorize the General Manager to accept Pipelines 3 and
4 relining Black Mountain to Miramar Hill as complete; record the Notice of
Completion, and release all funds held in retention to J.F. Shea Construction
following expiration of Notice of Completion period.
II. ACTION, DISCUSSION, POSSIBLE ACTION
1. Performance Specifications for the Twin Oaks Valley Water Treatment Plant.
Staff recommendation: Approve the Design-Build-Operate Performance Specification
for the Twin Oaks Valley Water Treatment Plant project.
Director of Engineering Economides gave a presentation after which there was
discussion.
Chairman Pocklington called for a motion on the action item. Director Ferguson
moved, Director Valderrama seconded, and the motion carried unanimously.
III. INFORMATION
There were no Information Items.
IV. ADJOURNMENT
There being no further business to come before the Engineering and Operations
Committee, Chairman Pocklington adjourned the meeting at 9:20 a.m.
FISCAL POLICY COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Dailey called the Fiscal Policy Committee meeting to order at 9:30 a.m.
Committee members present were Chair Dailey, Directors Bond, Bowersox, Broomell,
Buckner, Loveland, Rogers, and Watton. Committee members absent were Directors
Haddad, Jaeschke, Quist, and Rhinerson. At that time, there was a quorum of
the Committee. Also present were Directors Ball, Bopf, Brammell, Dixon, Ferguson,
Johnson, Lewinger, Martin, Parker, Poclkington, Price, Saunders, and Williams.
Staff present was General Manager Stapleton, General Counsel Hentschke, Deputy
General Manager Lanspery, Assistant General Manager Cushman, Director of Finance/Treasurer
Brust, Controller Munson, and Rate and Debt Administrator Delin. Also present
was Mr. R. Morales, Financial Advisor, RBC Dain Rauscher.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the Committee.
CHAIR'S REPORT
Chair Dailey reported on the Fixed Revenue Study. She announced the next meeting
would be held on December 13, 2004. She also reported Fannie Mae missed the
Securities Exchange Commission filing deadline. She stated the Water Authority’s
portfolio had a very small percentage of Fannie Mae bonds. She announced that
a discussion on reserves would be on the agenda at the December Board meeting.
She announced that the Water Authority’s Financial Advisor, R. Morales,
would be reporting on the Legal Defeasance of the Series 1991B Water Revenue
Certificates of Participation.
Director’s Comments
Director Watton made a comment regarding the Fannie Mae bonds and the lack of
potential risk associated with the holdings when held to maturity.
I. CONSENT CALENDAR
1. Note and file monthly Treasurer's Report.
2. Update the annexation fee to reflect existing Water Authority facilities.
Staff recommendation: Adopt Resolution No. 2004-____ establishing the annexation
fee at $2,581 per acre.
Director Watton moved, Director Bond seconded, and the motion carried
unanimously to approve the Consent Calendar.
II. ACTION, DISCUSSION, POSSIBLE ACTION
1. PUBLIC HEARING: Adopt Ordinance establishing Capacity Charges for Calendar
Year 2005 and providing a method for future adjustments.
Staff recommendation: Adopt Ordinance Number 2004-08, an ordinance amending
Ordinance No. 97-1 to increase the Capacity Charge to $2,461 for a meter size
of less than one-inch, make corresponding adjustments to the Capacity Charge
for larger meters and provide for automatic annual adjustments.
Mr. Munson summarized the proposed Capacity Charge increase.
Director Buckner moved, Director Bowersox seconded, and the motion carried
unanimously to increase the Capacity Charge.
III. INFORMATION
The following items were received and filed:
1. The September 30, 2004 Monthly Financial report would be included in the
December Board meeting agenda for December 9, 2004.
2. Report on Legal Defeasance of the Series 1991B Water Revenue
Certificates of Participation.
Mr. Morales explained there would be a potential financial benefit to
the Water Authority of legally defeasing the portion of the Series 1991B COPs
maturing in 2009, 2010, and 2011 with interest rates of 6.3% per annum. He stated
the potential present value savings would be in excess of $5.6 million associated
with the defeasance and no additional cost of issuance would be incurred.
3. Impact of property tax shift.
Ms. Brust reviewed the final impact of the State of California property tax
shift. She announced the Water Authority would lose approximately $11.5 million
in property tax revenues over the next two fiscal years.
Ms. Stapleton announced that options would be reviewed and recommendations
would be made to the Board at a future date regarding replacing this lost revenue.
IV. ADJOURNMENT
There being no further business to come before the Fiscal Policy Committee,
Chair Dailey adjourned the meeting at 9:55 a.m.
PLANNING AND ENVIRONMENTAL COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Saunders called the Planning and Environmental Committee meeting to order
at 10:00 a.m. Committee members present were, Vice Chair Williams, Directors
Ball, Bowersox, Brammell, Ferguson, Johnson, and Price. Committee members absent
were Directors Croucher, Irvin, Jaeschke, and Steiner. Also present were Directors
Bond, Bopf, Broomell, Buckner, Dailey, Dixon, Lewinger, Loveland, Martin, Parker,
Pocklington, Rogers, Thompson, and Watton. At that time, there was a quorum
of the full Board and the meeting was conducted as a meeting of the Board, however,
only committee members participated in the vote. Staff present was General Manager
Stapleton, General Counsel Hentschke, Deputy General Manager Lanspery, Assistant
General Manager Cushman, Director of Water Resources Weinberg, Water Resources
Managers Purcell and Yamada, Principal Water Resources Specialist Friehauf and
Water Resources Specialist Diehr.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the Committee.
CHAIR’S REPORT
The Financial Assistance Program Review Committee met in November and recommended
approval of grant application by the City of San Diego for research on long-term
efficiency removal of new generation compounds membranes. The focus would be
on removing and merging contaminants such as pharmaceutical compounds and personal
care products. There was an opportunity in the next cycle to submit applications;
the Water Authority only received one application this cycle.
Director’s Comments
There were no Director’s comments.
I. CONSENT CALENDAR
There were no consent items on the calendar.
Chair Saunders requested Information item # 1, Presentation on the Lower San
Luis Rey River Groundwater Storage Study, be taken out of order.
Ms. Friehauf briefed the committee on the San Luis Rey River Valley Study.
The study provided the region with valuable information on the Valley’s
basins and gave the Water Authority a better understanding of what it took to
do a conjunctive use project in San Diego County. She then presented to the
Committee a presentation on the San Luis Rey River Valley.
Project Manager Diehr presented to the Committee the work effort and the technical
aspects of the study.
II ACTION, DISCUSSION, POSSIBLE ACTION
1. Regional Seawater Desalination Project at the Encina Power Station
A. Update
Mr. Weinberg gave a brief oral report to the Board on Regional Seawater
Desalination Project at the Encina Power Station, including the status of the
Inter-Agency Agreement negotiations, and progress on the site access agreement
with Cabrillo and Poseidon.
Mr. Purcell reported to the Committee the progress of the EIR studies. Fieldwork
was about ready to commence and staff were now in the process of preparing a
written request to Cabrillo to receive copies of documents.
Chairman Saunders requested Mr. Hentschke take the Committee into closed
session at 10:25 a.m.
Mr. Hentschke stated that Item #1B did not require a Closed Session.
B. CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Property interests for a regional desalination project at the Encina
Power Plant site in the City of Carlsbad
Agency Negotiators: Maureen Stapleton, Daniel Hentschke, Ken Weinberg
Negotiating Parties: Cabrillo Power, LLC; Poseidon Resources, Inc.
Under Negotiations: Price and terms of acquisition Purpose
This memorandum recommends that the committee hold a closed session, pursuant
to Government Code §54956.8 to meet with and provide instructions to the
Authority’s designated negotiators regarding the various real property
transactions necessary for a regional desalination facility at the Encina Power
Plant site in Carlsbad.
C. CLOSED SESSION
Conference with Legal Counsel – Deciding to Initiate
Government Code §54956.9(c)
One Case
At 10:50 a.m. to Planning and Environmental Committee reconvened.
III INFORMATION
The following item was received and filed:
1. Water Resources Report
IV ADJOURNMENT
There being no further business to come before the Planning and Environmental
Committee, Chair Saunders adjourned the meeting at 10:55 a.m.
WATER POLICY COMMITTEE
CALL TO ORDER / ROLL CALL
Chairman Thompson called the Water Policy Committee to order at 11:03 a.m. Committee
members present were Directors Ball, Bond, Broomell, Dailey, Ferguson, Loveland,
Martin, Parker, Pocklington, and Rhinerson. Committee members absent were Directors
Lewis and Slater-Price. Also present were Directors Bowersox, Brammell, Buckner,
Dixon, Johnson, Knutson, Lewinger, Price, Rogers, Watton, and Williams. At that
time, there was a quorum of the full Board and the meeting was conducted as
a meeting of the Board, however, only committee members participated in the
vote. Staff present included General Manager Stapleton, General Counsel Hentschke,
Deputy General Manager Lanspery, Assistant General Manager Cushman, Director
of Imported Water Hess, and others.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the Committee.
CHAIR’S REPORT
Chairman Thompson reviewed the Water Policy agenda.
4-A Directors’ Comments
Director Loveland introduced Mr. D. Farrar, a MWD Director from the City of
Los Angeles. Mr. Farrar spoke favorably of the dialogue he has had with the
Water Authority and expressed his hope that it would continue.
I. CONSENT CALENDAR
1. Amend legislative advocacy and strategic consulting agreement with DePinto
Morales.
Staff recommendation: Authorize the General Manager to amend DePinto Morales’
professional services agreement by $48,000 for services through December 31,
2005.
2. Amend legislative advocacy agreement with V. John White Associates.
Staff recommendation: Authorize the General Manager to amend V. John White Associates’
professional services agreement by $24,000 for services through December 31,
2005.
Director Pocklington moved, Director Dailey seconded, and the motion passed
unanimously to approve the consent calendar.
II. ACTION, DISCUSSION, POSSIBLE ACTION
1. MWD issues and activities update.
1-A MWD delegates report.
Director Parker commented that the Water Authority and the Municipal Water District
of Orange County had developed a collaborative relationship to work together
on shared issues. Director Pocklington discussed MWD’s Skinner Expansion
project, the Inland Feeder project, and the Special Committee on Water Education.
2. Water Authority Supply Assessment for 2005.
Director of Imported Water Hess gave a presentation on the range of supplies
that the Water Authority could expect for 2005. He said that supplies available
on the State Water Project (SWP) would be a key factor, and would become certain
for several months. Mr. Hess stated that the supply scenarios for 2005 ranged
from a worst case in which all municipal and industrial needs were met, with
some potential agricultural shortages, to no projected shortages if the SWP
allocation was at least 50 percent. In response to questions from directors,
Mr. Hess further discussed MWD’s demand totals and Colorado River allocations.
3. Legislative report
3-A Report by legislative advocates Carpi & Clay
Legislative Advocate B. Clay reported that Congress was in a “lame-duck”
session this week. He reviewed the San Diego water projects included in the
nine appropriations bills that remain to be approved and noted that these would
most likely be wrapped into a large omnibus bill. Mr. Clay said that the 2005-2006
session in Sacramento would begin December 6, 2004. He discussed the committee
assignments of interest to the Water Authority that were being decided. Legislative
Advocate J. Clay reported on a legislative session regarding the idea of eliminating
the O’Shaughnessy Dam and the Hetch Hetchy reservoir that supplied water
to 2.4 million residents in the San Francisco Bay Area. He discussed the Schwarzenegger
administration’s decision to assess studies for the restoration of the
submerged Hetch Hetchy Valley.
4. Colorado River: Report by Colorado River Board representative.
Director Ball reported on the effects of the recent rainfall on the River’s
levels and noted the storage levels of Lake Mead and Lake Powell. He stated
that Interior Secretary Norton was reviewing the Final Colorado River Annual
Operating Plan.
5. Quantification Settlement Agreement Implementation.
5-A Oral report on Local Entity Economists Panel report.
QSA Program Manager Fogerson stated that the Local Entity’s economists
panel report was expected to be complete in the next few weeks. He said that
this report would review the third-party socioeconomic impacts to Imperial Valley
caused by fallowing. He said that a major issue being discussed among the Local
Entity, IID, and the Water Authority was how the Water Authority’s payments
for the transfer should be counted as a benefit to offset third-party impacts.
Mr. Fogerson said that once the report was issued, all involved parties would
discuss and review the findings of the report and work to resolve issues. He
said that if the issues were not resolved, there was a dispute resolution process
that included arbitration.
III. INFORMATION
The following information items were noted and filed:
1. Quarterly report on activities of lobbyists and Imperial Valley consultants.
2. Imported Water activities report.
IV. ADJOURNMENT
There being no further business to come before the Water Policy Committee, Chairman
Thompson adjourned the meeting at 11:49 a.m.
PUBLIC AFFAIRS COMMITTEE
CALL TO ORDER/ROLL CALL
Director Dixon called the Public Affairs Committee to order at 1:03 p.m. Committee
members present were Directors Dixon, Knutson, Lewinger, Lewis, Martin, Price,
Tu and Valderrama. Committee members absent were Directors Haddad, Watton and
Quist. Also present were Directors Ball, Bopf, Brammell, Broomell, Dailey, Ferguson,
Irvin, Johnson, Pocklington, Rhinerson, Rogers, Thompson and Williams. At the
time, there was a quorum of the Committee. . Staff present was General Counsel
Hentschke, Deputy General Manager Lanspery, Assistant General Manager Cushman
and Director of Public Affairs Papp.
ADDITIONS TO THE AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the committee.
CHAIR’S REPORT
There was no Chair’s Report.
DIRECTOR’S COMMENTS
There were no director’s comments.
I. CONSENT CALENDAR
There were no items in the Consent Calendar.
II. ACTION, DISCUSSION, POSSIBLE ACTION
There were no items in Action, Discussion, Possible Action.
III. INFORMATION
1. News clip.
Mr. Papp showed two video news clips from KUSI-TV; Bill Jacoby’s live
interview on the morning newscast regarding the Water Authority’s fall
conservation message and a live weathercast from the Water Conservation Garden.
2. Department activities for the month of October 2004.
This item was received and filed.
IV. ADJOURNMENT
There being no further business to come before the Public Affairs Committee,
Director Dixon adjourned the meeting at 1:13 p.m.
ADMINISTRATIVE AND LEGAL COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Tu called the Administrative and Legal Committee meeting to order at 1:21
p.m. Committee members present were Directors Bopf, Brammell, Dixon, Irvin,
Lewinger, Muir, Thompson and Williams. Committee members absent were Directors
Croucher, Representative Slater-Price and Steiner. Also present were Directors
Ball, Bond, Broomell, Buckner, Dailey, Ferguson, Haddad, Johnson, Knutson, Lewis,
Loveland, Martin, Parker, Pocklington, Price, Rhinerson, Rogers, Saunders and
Valderrama. At that time, there was a quorum of the full Board and the meeting
was conducted as a meeting of the Board, however, only committee members participated
in the vote. At that time there was a quorum of the Committee. Staff present
was Mss. Stapleton and Young, and Messrs. Hentschke, Lanspery, Cushman and others.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the committee.
CHAIR’S REPORT
There was no chair’s report.
I. CONSENT CALENDAR
There were no items in the Consent Calendar.
II. ACTION, DISCUSSION, POSSIBLE ACTION
1. PeopleSoft maintenance and support fees agreement.
Staff recommendation: Authorize the General Manager to renew the annual software
maintenance and support fees agreement with PeopleSoft, Inc. in the amount of
$147,720.
Director Lewinger moved, Director Irvin seconded, and the motion carried unanimously
to renew the annual software maintenance and support fees agreement with PeopleSoft,
Inc.
III. INFORMATION
The following items were received and filed:
1. Small Contractor Outreach and Opportunities Program (SCOOP) Quarterly Report.
2. General Counsel’s Report.
3. Board Calendar of Events.
Mr. Hentschke and Cushman both made a presentation on the following item:
4. Ethic and Expenditures of Public Funds.
a. Ethics Refresher workshop.
b. Summary of State Audits and Recent Legislation Regarding Special Districts’
Expenditures, and Review of Current Water Authority Policies.
After discussion, the Board directed staff to bring back to the Board
portions of the summary during the next four Board meetings to allow time for
a thorough review of each section.
IV. ADJOURNMENT
There being no further business to come before the Administrative and Legal
Committee, Chair Tu adjourned the meeting at 3:18 p.m.
FORMAL BOARD MEETING OF NOVEMBER 18, 2004
1. CALL TO ORDER. Chairman Rhinerson called the Formal Board of Director’s
meeting to order at 3:25 p.m.
2. SALUTE TO THE FLAG. Vice Chairman Bond led the salute to the flag.
3. ROLL CALL, DETERMINATION OF QUORUM. Secretary Loveland called role. Directors
present were Ball, Bond, Bopf, Brammell, Dailey, Dixon, Ferguson, Haddad, Irvin,
Johnson, Knutson, Lewinger, Lewis, Loveland, Martin, Muir, Parker, Pocklington,
Price, Rhinerson, Rogers, Saunders, Thompson, Tu, and Valderrama.
Directors absent were Bowersox, Broomell, Buckner, Croucher, Jaeschke, Quist,
Steiner,
Watton, Williams and Representative Slater-Price.
3-A Report on proxies received. Director Ferguson was the proxy for Director
Quist.
4. ADDITIONS TO AGENDA. There were no additions to the agenda.
5. APPROVAL OF MINUTES. Director Knutson moved, Director Ferguson seconded
and the motion carried unanimously to approve the minutes of the Special Board
meeting of October 14, 2004, Audit Subcommittee meeting of October 14, 2004,
the SCOOP Committee meeting of October 18, 2004, and the Formal Board of Directors’
meeting of October 28, 2004.
6. OPPORTUNITY FOR MEMBERS OF THE PUBLIC WHO WISH TO ADDRESS THE BOARD ON MATTERS
WITHIN THE BOARD’S JURISDICTION. Chairman Rhinerson announced that he
had received speaker
slips for the Public Hearings.
7. PRESENTATIONS.
7-A Presentation of Exemplary Small Business Program Initiative award to SCOOP/The
Training Source.
7-B Employee of the 1st Quarter, Michele Shumate.
7-C Team of Excellence recognition.
7-D HEARING OF NECESSITY:
Hearing of Necessity to consider the adoption of a Resolution of Necessity and
authorization of condemnation proceedings to acquire real property for construction
of the Lake Hodges Pipeline, Main Tunnel Project on (Vestee(s)): Tressa Bond
AKA Terry k. Bond, Trustee U.D.T. June 7, 1995 Trust (APN 272-160-51); Carol
T. Dowling, as Trustee of the Carole Slief Dowling Trust, as restated on December
20, 1996 (APN 270-290-24); Helix 1960Ltd., a California limited partnership
(APN's 272-060-01, 272-161-03, 272-161-04, 272-161-05, & 270-290-08); Lifecare
Residences, Inc., a 501 C3 Corporation by John Gamble, director (APN 270-290-31);
Luke Mardesich, Trustee of the 1988 Luke Mardesich Living Trust U/T/D March
3, 1988 (APN 272-060-37); Mount Israel Limited Liability Company, a Wyoming
Limited Liability Company, LLC (APN 270-290-45); Nancy L. Nordstrom (APN's 272-060-38,
39 & 40); Keith P. Richter, a single man (APN 270-290-23); Gale T. Savage
a married woman as her sole and separate property (APN 270-290-20); David R.
Somerville and Stelca A. Somerville, Trustees of the Somerville Family Trust
dated February 27, 1980 #95-6689675; as to an undivided 42.5% interest; James
H. Harker as Trustee of the Harker 1976 Family Trust dated April 21, 1976, as
to an undivided 42.5 percent interest; and Brian Loveman and Sharon Loveman
Trustee of the Brian Loveman and Sharon Loveman Family Trust dated (not shown),
as to an undivided 15% interest (APN 270-060-30); Mary L. Zemcik, a widow (APN's
272-160-44 & 50); Christopher J. Thompson and Patricia J. Thompson, Co-Trustees
of the Thompson Trust of March 1990 (APN 272-160-70).
Right of Way Agent J. Crayton made a presentation on the Lake Hodges Pipeline.
The following members of the public were recognized by the Chairman after filling
out a speaker request form regarding their property and the Lake Hodges Pipeline:
Mr. K. Richter of Escondido, California
Mr. L. Mardesich of Escondido, California
J.E. Gamble, J.D. representing Lifecare of Escondido, California
Mr. M. Boucher of Escondido, California
Director Muir left the room.
Director Pocklington moved, Director Irvin seconded, and the motion carried
unanimously to adopt Resolution No. 2004-40 declaring the public interest and
necessity for the acquisition of property for the Lake Hodges Pipeline project.
7-E HEARING OF NECESSITY:
Hearing of Necessity to consider the adoption of a Resolution of Necessity and
authorization of condemnation proceedings to acquire real property for construction
of the San Vicente Pipeline Project on Assessor Parcel Numbers: 319-810-08,
319-810-10 MedImpact Healthcare Systems, Inc., a California Corporation; 319-572-06,
319-572-08 Scripps Ranch Villages Master Association, a California non-profit
mutual benefit corporation; 319-601-19, 391-602-20, 319-602-23, 319-642-83,
319-642-86 San Diego Rancho La Cresta Homeowners Association, a California non-profit
mutual benefit corporation; 320-201-23 City of Poway; 320-170-43, 320-160-63
Scripps Legacy Homeowners Association, a California non-profit mutual benefit
corporation; 325-020-03, 326-070-01, 326-050-18 County of San Diego; 325-020-01
State of California, as to an undivided 25% interest, County of San Diego, as
to an undivided 56% interest, City of Poway, as to an undivided 9.5% interest,
City of Santee, as to an undivided 9.5% interest; 326-050-01, 326-050-02, 326-050-05,
326-050-06, 326-050-07, 326-050-19 Hanson Aggregates Pacific Southwest, Inc.,
successor by merger to Sim J. Harris Company, a Delaware Corporation; 326-050-04,
326-060-23 Hanson Aggregates Pacific Southwest, Inc., who acquired title as
Tri Way Materials, Inc., a California Corporation, and Nelson and Sloan, Inc.,
a California Corporation; 320-031-03, 320-031-06 Clerco, Inc., a California
Corporation as to the leased fee estate and Vulcan Materials Inc as to the leasehold
estate.
Right of Way Agent T. Brierton made a presentation on the San Vicente Pipeline.
The following members of the public were recognized by the Chairman after filling
out a speaker request form regarding their property and the San Vicente Pipeline.
Mr. R. Pfilmlin of La Mesa, California on behalf of Hanson Aggregates Pacific
Southwest Inc.
Mr. D. M. Peters, Esq. of Encinitas, California
Director Ball moved, Director Bopf seconded, and the motion carried unanimously
to adopt Resolution No. 2004-41 declaring the public interest and necessity
for the acquisition of property for the San Vicente Pipeline project.
8. REPORTS BY COMMITTEE CHAIRS
Engineering and Operations Committee. Director Pocklington reported items 9-1,
9-3, and 9-4 were passed unanimously in Committee. Item 9-2 was pulled.
Fiscal Policy Committee. Director Dailey reported items 9-5, 9-6, and 9-7 were
unanimously approved by the committee.
Planning and Environmental Committee. Director Saunders reported all items were
taken care of in committee.
Water Policy Committee. Director Thompson reported all items were taken care
of in committee.
Public Affairs Committee. Director Dixon reported all items were taken care
of in committee.
Administrative and Legal Committee. Director Tu reported item 9-10 was approved
in committee.
9. CONSENT CALENDAR
Director Ferguson moved, Director Tu seconded and the motion carried at 85.18%
to approve the amended Consent Calendar. Abstentions and those voting no are
listed under the item.
Item 9-1. Pre-Procurement Contract for Replacement Pipes. The Board awarded
a procurement contract to LWC of Houston in the amount of $310,194 for replacement
pipes.
Item 9-2. Notice of Completion Pipeline 3 and Pipeline 4 relining Black Mountain
to Miramar Hill. The Board authorized the General Manager to accept Pipelines
3 and 4 relining Black Mountain to Miramar Hill as complete; record the Notice
of Completion, and release all funds held in retention to J.F. Shea Construction
following expiration of Notice of Completion period.
Item 9-3. Performance Specifications for the Twin Oaks Valley Water Treatment
Plant. The Board approved the Design-Build-Operate Performance Specification
for the Twin Oaks Valley Water Treatment Plant project.
Item 9-4. Treasurer’s report. The Board noted and filed the monthly Treasurer’s
report.
Item 9-5. Update the annexation fee to reflect existing Water Authority facilities.
The Board adopted Resolution No. 2004-39 establishing the annexation fee at
$2,581 per
acre.
Item 9-6. PUBLIC HEARING: Adopt Ordinance establishing Capacity Charges for
Calendar Year 2005 and providing a method for future adjustments. The Board
adopted Ordinance Number 2004-08, an ordinance amending Ordinance No. 97-1
to increase the Capacity Charge to $2,461 for a meter size of less than one-inch,
make
corresponding adjustments to the Capacity Charge for larger meters and provide
for automatic annual adjustments.
Item 9-7. Amend legislative advocacy and strategic consulting agreement with
DePinto Morales. The Board authorized the General Manager to amend Depinto Morales’
professional services agreement by $48,000 for services through December 31,
2005.
Item 9-8. Amend legislative advocacy agreement with V. John White Associates.
The Board authorized the General Manager to amend V. John White Associates’
professional services agreement by $24,000 for services through December 31,
2005.
Item 9-9. PeopleSoft maintenance and support fees agreement. The Board authorized
the General Manager to renew the annual software maintenance and support fees
agreement with PeopleSoft, Inc. in the amount of $147,720.
10. BOARD AND STAFF MATTERS
The Board Officer candidates, Directors Bond, Loveland, and Lewis made presentations.
11. OTHER MATTERS
General Counsel Hentschke stated there was no need for the closed session.
11-A CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Property interests for a regional desalination project at the Encina
Power Plant site in the City of Carlsbad
Agency Negotiators: Maureen Stapleton, Daniel Hentschke, Ken Weinberg
Negotiating Parties: Cabrillo Power, LLC; Poseidon Resources, Inc.
Under Negotiations: Price and terms of acquisition
12. CHAIRS REPORT
Chairman Rhinerson reported on the U.S. Desal Coalition Board meeting in
Florida and provided a legislative update. In addition, he reported that by
invitation of the government of Spain, he toured desalination plants in Spain
along with Water Resources Manager Yamada.
He also stated there was a vacant position on the ACWA Region 10 Board. He
called for nominations; no nominations were received.
13. STAFF REPORTS – Ms. Stapleton
No report was given.
14. GENERAL COUNSEL’S REPORT – Mr. Hentschke
No report was given.
15. ACWA-JPIA – Director Knutson
No report was given.
16. SANDAG REPORT - Director Lewis
Director Lewis reported the Transportation Tax is close to being approved.
17. WATER CONSERVATION GARDEN REPORT –Director Lewinger
No report was given.
18. OTHER COMMUNICATIONS
Chairman Rhinerson announced that the next Board meeting would be his last as
Chair and following the December meeting he invited the Board members to stay
for the Board party.
19. ADJOURNMENT
There being no further business to come before the Board, Chairman Rhinerson
adjourned the meeting at 4:40 p.m.
__________________________________
George I. Loveland
Secretary
_______________________________
Bernie Rhinerson
Chairman
________________________________
Doria F. Lore, Clerk of the Board
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