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California Water Authority

MINUTES OF THE FORMAL BOARD OF DIRECTORS' MEETING

DECEMBER 9, 2004

WATER POLICY COMMITTEE
CALL TO ORDER / ROLL CALL
Chairman Thompson called the Water Policy Committee to order at 9:00 a.m.
Committee members present were Directors Ball, Bond, Dailey, Loveland, Parker, Pocklington, and Rhinerson. Committee members absent were Directors Broomell, Ferguson, Lewis, Martin, and Representative Slater-Price. Also present were Directors Bopf, Bowersox, Brammell, Irvin, Johnson, Lewinger, Price, Quist, Rogers, Steiner, 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 said that this meeting marked the end of the Water Policy Committee’s two-year term. He reviewed several of the Committee’s accomplishments, particularly the successful completion of the Quantification Settlement Agreement. Chair Thompson thanked the Committee members for their support during his term as Chairman.

4-A Final Report on Water Policy Committee Goals and Objectives for 2003 and 2004.

Director of Imported Water Hess gave an overview of the Committee’s accomplishments for 2003-2004 and on-going goals.

4-B Directors’ Comments
There were no Director’s comments.

I. CONSENT CALENDAR
1. Consultant services agreement with Camp Dresser and McKee for the All American and Coachella canal lining projects.
Staff recommendation: Authorize the General Manager to execute:
1) A professional services agreement with CDM for project management support services for the Coachella Canal Lining Project for CY2005 for an amount not to exceed $75,000; and 2) A professional services agreement with CDM for project management support services for the All American Canal Lining Project for CY 2005 for an amount not to exceed $75,000.

2. Amend consultant services agreement with David Sunding.
Staff recommendation: Authorize the General Manager to amend the existing professional services agreement with David Sunding, increasing the agreement funding by $77,900 to an amount not-to-exceed $127,900 for Fiscal Year 2004-2005.

Director Pocklington moved, Director Loveland 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 Pocklington said that the work stoppage on the Inland Feeder would be discussed at MWD’s next Board meeting. Directors discussed their MWD committee assignments for next year: Director Pocklington, Vice Chair of the Desalination and Reclamation Committee and Vice Chair of the Engineering and Operations Committee; Director Loveland, Chair of the Organization and Personnel Committee; Director Lewis assigned to the Legal and Claims Committee; and Director Parker Vice Chair of the Board.

Director Ball stated that the Helix Board would attend the inauguration of the new MWD Board Chairman, Wes Bannister, in January.

Directors Lewis and Martin arrived.

2. Oral report on Local Entity Economists Panel report.

QSA Program Manager Fogerson reported on the Local Entity’s economist’s panel report that was distributed on December 3. He said the report’s purpose was to estimate and measure the annual and cumulative socioeconomic impacts to Imperial County caused by the fallowing program that began in 2003. Mr. Fogerson said that the report’s key findings for 2003 and 2004 showed a net positive impact of $1.1 million, but the report did not include $4.2 million in transfer revenue that IID had retained. He said that depending on how IID used the retained revenues, the positive impact would increase by an additional $2.0-$4.1 million, giving a total net positive impact of $3.1-$5.2 million. Mr. Fogerson said that the largest positive impact to the economy would be made if IID used the retained funds as a water rate rebate. In response to questions from directors, Mr. Fogerson discussed the Water Authority’s position of non-interference with IID regarding its use of its revenues, the impact of fallowing on the farming community, and the Water Authority’s outreach program in the Imperial Valley. Director Rhinerson asked if all three of the economists agreed with the results of the report. Mr. Fogerson said that yes, they all agreed with the results, however; the Local Entity-appointed economist had since communicated to the Local Entity that there were some areas in the report that he disagreed with but had couched his language as a minority opinion. This economist would present his opinion at the next Local Entity meeting. Directors commented on the need for focused outreach to the farming community.

Director Broomell arrived.

3. Legislative report
3-A Approval of 2005 Legislative Policy Guidelines.
Staff recommendation: Approve the proposed 2005 Legislative Policy Guidelines.

Assistant General Manager Cushman presented the proposed revisions to the Board’s Legislative policy guidelines. He said that staff and legislative advocates used the guidelines to guide the Water Authority’s response to legislation that materialized in Sacramento or Washington, D.C. He said that these guidelines were revised each year to reflect positions adopted by the Board in the previous year and recommendations that staff believe, given the political landscape, would be appropriate to include in the guidelines. Mr. Cushman noted that new sections had been added for the State of California reorganization and the California Performance Review process.

After discussion by Directors, Director Rhinerson moved, Director Dailey seconded, and the motion passed unanimously.

3-B Sponsor state legislation on Green Power, State Water Project access, right of way enforcement cost recovery and water meters.
Staff recommendation: Authorize staff to seek authorship of state legislation relating to the above issues.

Mr. Cushman presented staff’s yearly proposal to the Board of state legislation for the Water Authority to sponsor. Mr. Cushman outlined the four issues on Green Power, State Water Project access, right of way enforcement cost recovery, and water meters.

Director Rhinerson moved, Director Martin seconded, and the motion passed unanimously.

3-C Report by legislative advocates Carpi & Clay

Legislative Advocate B. Clay reported on the committee chair assignments for the Senate and the Assembly for the 2005-2006 legislative session, noting that the full list of Senate committee chairs was not yet available. He discussed the Educational Revenue Augmentation Fund and the Local Agency Investment Fund, two important issues that would be watched in 2005. Mr. Clay said that the scheduling of committee meetings during the budget period was being discussed between the Houses.

Legislative Advocate K. Carpi said that the omnibus bill that included nine appropriations bills for San Diego water projects was passed by Congress and signed by the President. He stated that the Interior Assistant Secretary for Water and Science, Bennett Raley, had resigned. Mr. Carpi said that the event to thank the California delegation for their efforts on CALFED was well attended.

4-A Status report on Lower Colorado River Multi-Species Conservation Program.
Water Resources Manager Purcell provided an overview of the Lower Colorado River Multi-Species Conservation Program (LCRMSCP), its funding requirements, schedule, and remaining tasks.

4-B Colorado River: Report by Colorado River Board representative.
Director Bond reported that the Colorado River Board would meet next week.

III. INFORMATION
The following information items were noted and filed:
1 Imported Water activities report.

IV. ADJOURNMENT
There being no further business to come before the Water Policy Committee, Chairman Thompson adjourned the meeting at 10:21 a.m.

PLANNING AND ENVIRONMENTAL COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Saunders called the Planning and Environmental Committee meeting to order at 10:25 a.m. Committee members present were, Vice Chair Williams, Directors Ball, Bowersox, Brammell, Croucher, Irvin, Johnson, Price and Steiner. Committee members absent were Directors Ferguson Irvin, and Jaeschke. Also present were Directors Bond, Bopf, Broomell, Dailey, Dixon, Knutson, Lewinger, Lewis, Loveland, Martin, Parker, Pocklington, Quist, Rhinerson, Rogers, Steiner Thompson, Tu, 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 Manager Jacoby, Seawater Desalination Program Manager Yamada, and Senior Water Resources Specialist Mariscal.

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 Saunders reviewed the Goals and Objectives of the Planning & Environmental Committee and announced that the goals and objectives were either compleed, in progress, or ongoing. Chair Saunders recognized the committee and staff for their hard work and dedication in reaching the goals and objectives of the committee.

Director’s Comments
There were no Director’s comments.

I. CONSENT CALENDAR
1. Award professional services agreement to Tierra Environmental Services to provide environmental support services for the Mission Trails Flow Regulatory Structure II, and Mission Trails Pipeline Tunnel and Vent Demolition projects.
Staff recommendation: Award a professional services agreement to Tierra environmental Services to provide environmental support services for an 18-month period in an amount not-to-exceed $560,000.

2. Approval of Financial Assistance Program Applications for Fiscal Year 2005.
Staff recommendation: Authorize the General Manager to enter into a joint participation agreement with the City of San Diego for the Long-term Testing of New Generation RO membranes and Determination of Removal Efficiency for Recycled Water Contaminates for an amount not- to-exceed $25,000 for the
project.

Director Ball moved, Director Johnson seconded, and the motion carried unanimously to approve the Consent Calendar.

II. ACTION, DISCUSSION, POSSIBLE ACTION

1. Authorize the submittal of the Biennial Report on the Implementation of Best Management Practices.
Staff recommendation: Authorize the submittal of the Biennial Report of the Implementation of the Best Management Practices to the California Urban Water Conservation Council.

Director Irvin moved, Director Ball seconded, and the motion carried unanimously to approve the submittal of the Biennial Report on the Implementation of Best Management Practices.

2. Summary Report on Water Recycling Program Activities and potential future
actions.

Ms. Mariscal presented to the committee the Summary Report on Water Recycling Program Activities and potential future actions.

Director Steiner moved, Director Irvin seconded a motion to accept the staff report and the suggested recommendations and changes that included: consideration of incentive funding for wetlands creation, conjunctive use of recycled water, and to evaluate the need for additional staff in the Water Resources Department. Direct staff to report back to the Committee in 60 – 90 days. The motion carried unanimously.

3. Seawater Desalination

3-A. Report on the results of the Pre-Feasibility Level Assessment for a Regional Seawater Desalination Facility at the San Onofre Nuclear Generating Station.

Mr. Yamada presented to the committee the overall Study objectives of SONGS including potential sites, process overview, product water conveyance, budgetary cost parameters and findings. He then stated that a meeting between Southern California Edison, Camp Pendleton, and the Water Authority would be scheduled. After that meeting, a report would be given to the committee within 60 days.

3-B. Update on U.S. Desalination Coalition.

Chair Rhinerson updated the committee on the U. S. Desalination Coalition’s mission for federal authorizing legislation to help fund desalination projects and the accomplishments of the Water Authority.

3-C. Regional Seawater Desalination Project at the Encina Power Station.

3-C-1. Update Mr. Weinberg gave a brief oral report to the committee on Regional Seawater Desalination Project at the Encina Power Station, including status of the EIR and progress with Cabrillo staff and consultants. Discussions would continue between the City of Carlsbad’s City Manager and the Water Authority’s General Manager. The Water Authority had received the first draft of an Agreement from Carlsbad; a more detailed report would be given at the January 2005 Board meeting.

3-C-2. 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 Chairman Saunders stated that a Closed Session was not required.

III. INFORMATION

The following items were received and filed:

1. Update on activities related to Proposition 50, Chapter 8 (Integrated Regional Water Management).

2. Quarterly Binational Activities report.

3. Water Resources report.

IV ADJOURNMENT
There being no further business to come before the Planning and Environmental Committee, Chair Saunders adjourned the meeting at 11:50 a.m.

FISCAL POLICY COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Dailey called the Fiscal Policy Committee meeting to order at 11:55 a.m.
Committee members present were Chair Dailey, Directors Bond, Bowersox, Broomell, Loveland, Quist, Rhinerson, and Rogers. Committee members absent were Vice Chair Jaeschke, Directors Buckner, Haddad, and Watton. Also present were Directors Ball, Brammell, Croucher, Dixon, Irvin, Johnson, Knutson, Lewinger, Lewis, Parker, Pocklington, Price, Saunders, Steiner, Thompson, 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 was General Manager Stapleton, General Counsel Hentschke, Deputy General Manager Lanspery, Assistant General Manager Cushman, Director of Finance/Treasurer Brust, Financial Services Manager/Assistant Treasurer Warren, Controller Munson, and Rate and Debt Administrator Delin.

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 that on the Final Report of the Committee’s Goals and Objectives for 2003-2004, most of the Committee’s goals had been completed or were ongoing. The Committee instituted the first two-year budget, implemented the new rate structure, pioneered the MARIRC approach to problem solving, did a Long Range Financing Plan that helped get the upgrade in the Water Authority’s credit rating, did the bond sale at a tremendously low interest rate, and was instrumental in providing Board members with several the Board members for their attendance and participation. She commended the financial staff for their dedication to making the Authority financial sound. She stated that the financial staff had listened to the suggestions for preparing reports that were easier to understand and reacted positively. The financial staff had provided more presentations of financial information; the financial advisor had been available to answer questions; and this approach had been very open and transparent.

DIRECTOR’S COMMENTS
There were no Director’s comments.


I. CONSENT CALENDAR

1. Note and file monthly Treasurer’s Report.

2. Adopt the Annual Statement of Investment Policy and continue to delegate authority to the Treasurer to invest Water Authority funds for Calendar Year 2005.
Staff recommendation: Adopt the Annual Statement of Investment Policy and continue to delegate authority to the Treasurer to invest Water Authority funds for Calendar Year 2005.

3. Extend external auditors contract one additional year.
Staff recommendation: Authorize the General Manager to extend the audit services contract with Conrad and Associates, LLP for one additional year and to increase the audit contract by $62,435 to an amount not-to-exceed $355,604.

4. Approve new guidelines for the refunding of the Water Authority’s long-term debt.
Staff recommendation: Approve new guidelines for the refunding of the Water Authority’s long-term debt.

Director Watton moved, Director Bond seconded, and the motion carried unanimously to approve the Consent Calendar.

II. ACTION, DISCUSSION, POSSIBLE ACTION

1. Report on the fund balances for Fiscal Year 2003-2004 and the results of the 45-day Operating Fund Policy. Ms. Brust reported the Fiscal Year ended June 30, 2004 results of the 45-day Operating Fund Policy to the Board. Indicating that there were no funds available for disposition by the Board this year, she further explained the calculations performed and reviewed the policy requirements.

Ms. Brust then made a presentation regarding the Water Authority’s reserves, policies, and balances. She cautioned that the numbers did not include the ERAF loss - property taxes that the Water Authority would lose in the next two years, the Salton Sea Restoration Fund payment of $12.5 million to be paid out of the Pay-As-You-Go Fund at the end of the month and the defeasance of the 1991B’s.

Director Irwin requested an electronic copy of the PowerPoint presentation.

The Directors asked questions and made comments about the presentation.

III. INFORMATION

The following item was received and filed:
1. Monthly Financial Report.

IV. ADJOURNMENT

Chair Dailey thanked Controller Munson for his service. Chair Dailey further announced that this would be the last time she would chair the Committee and thanked
everyone for their diligence and service.

There being no further business to come before the Fiscal Policy Committee, Chair Dailey adjourned the meeting at 12:20 p.m.

ENGINEERING AND OPERATIONS COMMITTEE
CALL TO ORDER / ROLL CALL

Chairman Pocklington called the Engineering and Operations Committee to order at 1:05 p.m. Committee members present were Directors Bopf, Dixon, Johnson, Muir, Parker, Rogers, and Valderrama. Committee members absent were Vice Chair Knutson and Directors Buckner, Ferguson, and Parker. Also present were Directors Bond, Bowersox, Brammell, Broomell, Croucher, Johnson, Lewinger, Lewis, Martin, Quist, Watton, and Williams. Staff present was Messrs. Hentschke, Lanspery, Cushman, Eaton, Economides, Rose, and Stift.

ADDITIONS TO AGENDA
There were no additions to the agenda.

PUBLIC COMMENT
There were no public comments.

CHAIR’S REPORT
Chairman Pocklington stated that the Engineering and Operations Committee was very successful in meeting the goals for the year. Chairman Pocklington identified two areas of concern, Right of Way Encroachment and Security, which will be ongoing into 2005 and 2006.

Director of Operations and Maintenance Eaton gave a presentation on 24-hour Aqueduct System Control Room Operations.

Chairman Pocklington discussed the conference calls with the Cities of Seattle and San Juan Capistrano regarding their satisfaction with their water treatment plant Design- Build-Operate procurement process.

Vice Chair Knutson and Directors Irvin and Thompson arrived.

I. CONSENT CALENDAR

Chairman Pocklington called for a motion the Consent Calendar. Vice Chair Knutson motioned, Director Bopf seconded, and the motion carried unanimously.

1. Professional Services Agreement with Black and Veatch for Pipeline 6 in the amount of $221,500.
Staff recommendation: Authorize the General Manager to execute a new Professional services agreement for Pipeline 6 with Black and Veatch in the amount of $221,500.

2 Third amendment to the as needed surveying service contract with Lintvedt McColl and Associates.
Staff recommendation: Authorize the General Manager to execute the third amendment to the surveying services agreement with Lintvedt McColl and Associates, to increase the maximum fee by $328,200 to the not-to-exceed total of $448,700.

ACTION, DISCUSSION, POSSIBLE ACTION
There were no Action, Discussion, Possible Action Items.

II. INFORMATION
1. Update on Emergency Storage Project, related costs, and 24 hour operations.
Engineering Manager Steele gave a presentation on the San Vicente Pipeline and Surge Control Facility, related costs and provided a status update on all other projects that are part of the Emergency Storage Project.

The following item was received and filed:
2. Advertisement for Bids – San Vicente to Second Aqueduct Pipeline.

IV. ADJOURNMENT
There being no further business to come before the Engineering and Operations Committee, Chairman Pocklington adjourned the meeting at 1:40 p.m.

PUBLIC AFFAIRS COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Haddad called the Public Affairs Committee to order at 1:43 p.m. Committee members present were Directors Watton, Dixon, Knutson, Lewinger, Lewis, Martin, Price, Quist and Valderrama. Committee member absent was Director Tu. Also present were Directors Ball, Bond, Bopf, Bowersox, Brammell, Broomell, Croucher, Dailey, Irvin, Johnson, Loveland, Muir, Pocklington, Rhinerson, Rogers, Steiner, Thompson and Williams. At the 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 Ms. Stapleton, Messrs. Hentschke, Lanspery, Cushman, and 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
Chair Haddad announced there may not be a committee called Public Affairs for next year. He highlighted the following goals for the committee: support policies regarding executive authorization of news media; community relations outreach; school education programs; outreach to communities impacted by CIP projects; government relations and working with member agencies.

DIRECTOR’S COMMENTS
Director Lewis requested directors speak to their city councils to assist military personnel injured as the government only assists them for a couple of days and some need further assistance.

I. CONSENT CALENDAR
There were no items in the Consent Calendar.

II. ACTION, DISCUSSION, POSSIBLE ACTION
1. Professional Services Agreement for ESP Outreach – Katz and Associates.

Director Knutson moved, Director Lewinger seconded and the motion carried unanimously.

III. INFORMATION
1. Department activities for the month of November 2004.
This item was received and filed.

IV. ADJOURNMENT
There being no further business to come before the Public Affairs Committee, Chair Haddad adjourned the meeting at 2:12 p.m.

ADMINISTRATIVE AND LEGAL COMMITTEE
CALL TO ORDER/ROLL CALL

Vice Chair Dixon called the Administrative and Legal Committee meeting to order at 2:21 p.m. Committee members present were Directors Bopf, Brammell, Croucher, Dixon, Irvin, Lewinger, Muir, Steiner, Thompson and Williams. Director Slater-Price was absent. Chair Tu arrived at 2:30 p.m. Also present were Directors Ball, Bond, Bowersox, Broomell, Dailey, Haddad, Johnson, Knutson, Lewis, Loveland, Martin, Parker, Pocklington, Price, Quist, Rhinerson, Rogers, Valderrama 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 Mss. Stapleton and Brust, and Young; and Messrs. Hentschke, Cushman, Lanspery, Glover 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

1. Adopt the Vote Resolution for Calendar Year 2005.
Staff recommendation: Adopt the Member Representative Entitlement calculation and the resolution establishing the number of votes that the representatives of each member agency are entitled to cast as determined by the total financial contribution of each member agency as of June 30, 2004.

Director Irvin moved, Director Brammell seconded, and the motion carried unanimously to approve the consent calendar.

II. ACTION, DISCUSSION, POSSIBLE ACTION
1. Amend Chapter 7.00 of the Administrative Code- Regulation of Rights of Way and Property.
Staff recommendation: Adopt Ordinance No. 2004-____, amending Chapter 7.00.

After Right of Way Supervisor Fred Clark provided a presentation, Director Steiner moved, Director Croucher seconded, and the motion carried unanimously to
adopt Ordinance No. 2004-9, amending Chapter 7.00 of the Administrative Code – Regulation of Rights of Way and Property.

1. Amend Chapter 2.00 of the Administrative Code relating to Standing Committees.
Committee recommendation: Adopt Ordinance No. 2004-___, amending Chapter 2.00 by the amendment of Sections 2.00.050 and 2.00.060, and the
addition of Section 2.00.065.

Director Steiner moved, Director Tu seconded, and the motion carried unanimously to adopt Ordinance No. 2004-10, amending Chapter 2.00 by the
amendment of Sections 2.00.050 and 2.00.060, and the addition of Section 2.00.065.

2. Review of current Water Authority expenditure policies.

Assistant General Manager Dennis Cushman provided a review of the Water Authority’s contracting practices and public reporting.

III. INFORMATION
The following items were received and filed:
1. General Counsel’s Report.
3. Board Calendar of Events.

IV. ADJOURNMENT
There being no further business to come before the Administrative and Legal Committee, Chair Tu adjourned the meeting at 2:53 p.m.

FORMAL BOARD MEETING OF DECEMBER 9, 2005

1. CALL TO ORDER. Chairman Rhinerson called the Formal Board of Director’s meeting to order at 3:00 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, Bowersox, Brammell, Broomell, Croucher, Dailey, Dixon, Haddad, Irvin, Johnson, Knutson, Lewinger, Lewis, Loveland, Martin, Muir, Parker, Pocklington, Price, Quist, Rhinerson, Rogers, Saunders, Steiner, Thompson, Tu, Watton and Williams. Directors absent were Buckner, Ferguson, Jaeschke, Valderrama and Representative Slater-Price.
3-A Report on proxies received. Director Lewinger was the proxy for Director Ferguson.

4. ADDITIONS TO AGENDA. There were no additions to the agenda.

5. APPROVAL OF MINUTES. Director Dailey moved, Director Pocklington seconded and the motion carried for a total of 95.32% of the vote, to approve the minutes of the Formal Board of Director’s meeting of November 18, 2004.

6. OPPORTUNITY FOR MEMBERS OF THE PUBLIC WHO WISH TO ADDRESS THE BOARD ON MATTERS WITHIN THE BOARD’S
JURISDICTION. There were no public speakers.

7. PRESENTATIONS
7-A Retirement of Director. Adopt Resolution No. 2004-42 honoring H. Warren Buckner upon his retirement from the Board of Directors.

8. REPORTS BY COMMITTEE CHAIRS
Water Policy Committee. Director Thompson reported all items were taken care of in committee.
Planning and Environmental Committee. Director Saunders reported items 9-5, 9-6, and 9-7 were taken care of in committee. He also reported item 9-18 was added to the consent calendar and was approved in committee.
Fiscal Policy Committee. Director Dailey reported items 9-8, 9-9, and 9-10 and 9-11 were unanimously approved by the committee.
Engineering and Operations Committee. Director Pocklington reported items 9-12, and 9-13 were approved in committee.
Public Affairs Committee. Director Haddad reported item 9-14 was approved in committee.
Administrative and Legal Committee. Director Dixon reported all items were
handled in committee including the amendments to the code.

9. CONSENT CALENDAR
Director Lewinger requested that Consent Calendar Item 9-3 be pulled for discussion. Director Muir moved, Director Irvin seconded and the motion carried at 95.32% of the vote to approve the amended Consent Calendar. Abstentions and those voting no are listed under the item.

Item 9-1. Consultant services agreement with Camp Dresser and McKee for the All American and Coachella canal lining projects. The Board authorized the General Manager to execute: 1) a professional services agreement with CDM for project management support services for the Coachella Canal Lining Project for CY 2005 for an amount not-to-exceed $75,000; and 2) a professional services agreement with CDM for project management support services for the All American Canal Lining Project for CY 2005 for an amount not to exceed $75,000.

Item 9-2. Amend consultant services agreement with David Sunding by $77,900 to an amount not-to-exceed $127,900 for Fiscal Year 2004-2005 for continued services as the Water Authority’s representative on the Economic Panel of the Local Entity.
The Board authorized the General Manager to amend the existing professional services agreement with David Sunding, increasing the agreement funding by $77,900 to an amount not-to-exceed $127,900 for Fiscal Year 2004-2005.

Item 9-4. Sponsor state legislation on multi-family housing outdoor water conservation, Green Power, State Water Project access, right of way enforcement and water meters. The Board authorized staff to seek authorship of state legislation relating to the above issues.

Item 9-5. Award professional services agreement to Tierra Environmental Services to provide environmental support services for the Mission Trails Flow Regulatory Structure II, and Mission Trails Pipeline Tunnel and Vent Demolition projects. The Board awarded a professional services agreement to Tierra Environmental Services to provide environmental support services for an 18-month period in an amount not-to-exceed $560,000.

Item 9-6. Approval of Financial Assistance Program Applications for Fiscal Year 2005. The Board authorized the General Manager to enter into a joint participation agreement with the City of San Diego for the Long-term Testing of New Generation RO membranes and Determination of Removal Efficiency for Recycled Water Contaminates for an amount not- to-exceed $25,000 for the project.

Item 9-7. Authorize the submittal of the Biennial Report on the Implementation of Best Management Practices. The Board authorized the submittal of the Biennial Report of the Implementation of the Best Management Practices to the California Urban Water Conservation Council.

Item 9-8. Treasurer’s Report. The Board noted and filed the monthly Treasurer’s Report.

Item 9-9. Adopt the Annual Statement of Investment Policy and continue to delegate authority to the Treasurer to invest San Diego County Water Authority funds for Calendar Year 2005. The Board adopted the Annual Statement of Investment Policy and continues to delegate authority to the Treasurer to invest Water Authority funds for Calendar Year 2005.

Item 9-10. Extend external auditors contract one additional year. The Board authorized the General Manager to extend the audit services contract with Conrad and
Associates, LLP for one additional year and to increase the audit contract by $62,435 to an amount not-to-exceed $355,604.

Item 9-11. Approve new guidelines for the refunding of debt. The Board approved new guidelines for the refunding of the Water Authority’s long-term debt.

Item 9-12. Professional Services Agreement with Black and Veatch for Pipeline 6 in the amount of $221,500. The Board authorized the General Manager to execute a new professional services agreement for Pipeline 6 with Black and Veatch in the amount of $221,500.

Item 9-13. Third amendment to the as needed surveying service contract with Lintvedt McColl and Associates. The Board authorized the General Manager to execute the third amendment to the surveying services agreement with Lintvedt McColl and Associates, to increase the maximum fee by $328,200 to the not-to-exceed total of $448,700.

Item 9-14. Professional Services Agreement for ESP Outreach – Katz and Associates. The Board authorized the General Manager to approve a professional services agreement with Katz & Associates for Emergency Storage Project public outreach support services in an amount not-to-exceed $1,900,000.

Item 9-15. Adopt the Vote Resolution for Calendar Year 2005. The Board adopted the Member Representative Entitlement calculation and Resolution No. 2004-43 establishing the number of votes that the representatives of each member agency are entitled to cast as determined by the total financial contribution of each member agency as of June 30, 2004.

Item 9-16. Amend Chapter 7.00 of the Administrative Code (recodified) by the amendment of sections 7.00.040, 7.00.050, 7.00.060 and 7.00.070 and by the
addition of section 7.00.180 relating to encroachments in the right of way. The Board adopted Ordinance No. 2004-9, amending Chapter 7.00 as stated above.

Item 9-17. Amend Chapter 2.00 of the Administrative Code relating to Standing Committees. The Board adopted Ordinance No. 2004-10, amending Chapter 2.00 by the amendment of Sections 2.00.050 and 2.00.060, and the addition of Section 2.00.065.

Item 9-18. Summary report on Water Recycling Program activities and potential future actions. The Board approved the motion to accept the staff report and suggested recommendations and changes to the report which includes: consideration of incentive funding for wetlands creation, conjunctive use of recycled water, and evaluate the need for additional staff in the Water Resources Department. The Board directed staff to report back to the Committee in 60-90 days.

The item Director Lewinger pulled from the Consent Calendar was then discussed.

Item 9-3. Approval of 2005 Legislative Policy Guidelines. After discussion, the
Board approved the proposed 2005 Legislative Policy Guidelines with the modification of #17 that any action would come back to the Board before a position is taken if time permits and the word “greater” was stricken and replaced with the word “appropriate”. Director Loveland moved, Director Tu seconded and the motion carried with 93.76% of the vote. Director Quist voted no on this item.

10. BOARD AND STAFF MATTERS
Chairman Rhinerson read the slate of Board officers for the term of office beginning on January 1, 2005: James H. Bond, Chairman; George I. Loveland, Vice Chairman; and Claude A. “Bud” Lewis, Secretary.

Director Irvin moved, Director Muir seconded and the motion carried with 95.32% of the vote to elect the slate of officers as presented.

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 thanked the board officers, Messrs. Loveland and Bond, for their help with the meetings and setting the agendas; the committee chairs for helping run the committee meetings smoothly; and the Metropolitan delegates. He stated the Water Authority had the best General Manager in the water industry and in the country in Ms. Stapleton. In addition, he thanked Messrs. Hentschke, Lanspery, Cushman, the executive staff, the Water Authority’s consultants, and Mss. Gordon, Hartman and Shepherd for all their hard work. He reviewed the Water Authority’s accomplishments of the past two years. Lastly, he thanked Messrs. Weinberg and Yamada for their hard work on the desalination program.

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
Director Knutson complimented Chairman Rhinerson for the wonderful job he has done as chair. He then reported he attended the meeting in Palm Springs. He stated JPIA remains in excellent financial condition and 13.1% average reduction in workman’s compensation premiums. Lastly, he stated the meeting featured an emotional farewell to H. Warren Buckner as president. He was presented a beautiful bronze sculpture.

16. SANDAG REPORT - Director Lewis
Director Lewis reported the Transportation Tax was passed. He stated SDG&E
would be assigning a large increase on the southern part of the county to notice the cost of the northern section.

17. WATER CONSERVATION GARDEN REPORT
Director Lewinger announced the new representative from Helix was Mr. C. Muse with Mr. D. Smith as an alternate. He said the garden had implemented many new programs. Attendance at the garden was projected to exceed over 20,000 people, an increase of 15-20 percent over last year.

18. OTHER COMMUNICATIONS
Chairman Rhinerson invited the Board to join him for holiday cheer.
19. ADJOURNMENT
There being no further business to come before the Board, Chairman Rhinerson adjourned the meeting at 3:30 p.m.

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George I. Loveland
Secretary

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Bernie Rhinerson
Chairman

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Doria F. Lore, Clerk of the Board