MINUTES OF THE FORMAL BOARD OF DIRECTORS' MEETING
JANUARY 27, 2005
ADMINISTRATION AND FINANCE COMMITTEE
CALL TO ORDER / ROLL CALL
Chair Dixon called the Administrative and Finance Committee meeting to order
at 9:01 a.m. Committee members present were Directors Brammell, Dailey, Johnson,
Knutson, Muir, Parker, Price, Steiner, and Tu. Also present were Directors Bond,
Bopf, Ferguson, Inzunza, Irvin, Lewanski, Lewinger, Lewis, Martin, Pocklington
and Rogers. At that time there was a quorum of the Committee. Staff present
was Mss. Brust and Ellison, and Messrs. Hentschke, Lanspery, Cushman, 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
Chair Dixon reported that a Board retreat would be held February 10th as listed
on the Board calendar and that the committee was reviewing its goals and objectives.
He also reminded directors of the protocol of having committee members speak
before others when discussing items. Ms. Brust, Director of Finance/Treasurer
introduced the new Controller, Ms. Wade.
I. CONSENT CALENDAR
1. Resolution authorizing amendments to the Memoranda of Understanding for the
Technical/Support and Managerial/Supervisory Bargaining Groups.
Staff recommendation: Adopt Resolution No. 2005-03 approving amendments to the
Memoranda of Understanding for the Technical/Support and Managerial/ Supervisory
Bargaining Groups to provide a 10% shift pay premium for employees working a
regular 12-hour shift work schedule.
2. Treasurer’s report.
Staff recommendation: Note and file monthly Treasurer’s report.
Director Dailey moved, Director Steiner seconded, and the motion carried unanimously
to approve the consent calendar.
II. ACTION, DISCUSSION, POSSIBLE ACTION
1. Adopt Resolution No. 2005-04 approving the refunding of Series 1998A Water
Revenue Certificates of Participation; authorize selection of Lehman Brothers
as underwriter pursuant to a negotiated bond sale; and approve financing documents,
including the Preliminary Official Statement, for the refunding of the Series
1998A Water Revenue Certificates of Participation.
Staff recommendation: Adopt resolution approving the refunding of the Series
1998A Water Revenue Certificates of Participation. Authorize selection of Lehman
Brothers, Inc. to act as underwriter on the refunding pursuant to a negotiated
bond sale. Approve the refunding financing documents, including the Preliminary
Official Statement.
After Mr. Morales with RBC Dain Rauscher spoke, Director Muir moved, Director
Tu seconded, and the motion carried unanimously to adopt the resolution approving
the refunding of the Series 1998A Water Revenue Certificates of Participation;
authorizing the selection of Lehman Brothers, Inc. to act as underwriter on
the refunding pursuant to a negotiated bond sale; and approving the refunding
financing documents, including the Preliminary Official Statement.
2. Approve resolution of considerations in making appointments to committees.
Ad hoc Committee recommendation: Adopt Resolution No. 2005-05 of considerations
in making appointments to committees.
Director Steiner moved, Director Dailey seconded, and the motion carried unanimously
to adopt Resolution No. 2005-05 of considerations in making appointments to
committees.
III. INFORMATION
The following items were received and filed:
1. Biannual report of Professional Service Contracts and Procurements for which
competition was waived.
2. Cooperative Interagency Resources Coalition (CIRC) Web Site update.
3. Board of Directors’ Fourth Quarter 2004 payments and attendance.
4. Monthly Financial reports for October and November.
5. Budget Calendar for Fiscal Years 2005-2006 and 2006-2007.
6. Board Calendar of Events.
IV. ADJOURNMENT
There being no further business to come before the Administrative and Finance
Committee, Chair Dixon adjourned the meeting at 9:21 a.m.
WATER PLANNING COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Haddad called the Water Planning Committee meeting to order at 9:40
a.m. Committee members present were Vice Chair Lewinger, Directors Ball, Bopf,
Dixon, Irvin, Loveland, Martin, Pocklington, Rogers, and Saunders. Committee
members absent were Directors Quist, Rhinerson, and Watton. Also present were
Directors Bond, Croucher, Dailey, Ferguson, Inzunza, Johnson, Knutson, Lewis,
Muir, Parker, Price, Thompson, Tu, 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 Water Resources Weinberg, Water Resources
Manager Purcell, Seawater Desalination Program Manager Yamada, and Principal
Water Resources Specialist Friehauf.
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 Haddad thanked Chairman Bond for the opportunity to chair the Water Planning
Committee. Chair Haddad stated that items on the agenda were examples of what
the Committee would be focusing on in the next few years. The items included
environmental compliance, long term water supply planning, desalination, and
local supply development. The Urban Water Management Plan Update would be a
major item of the Committee throughout 2005. He also stated that a representative
from the State Department of Water Resources would present to the Committee
in March the status of Bulletin 160 the State Water Plan.
Director’s Comments
There were no Director’s comments.
I. CONSENT CALENDAR
None
II. ACTION, DISCUSSION, POSSIBLE ACTION
1. Public Hearing
1-A. Receive comments from the public on the adequacy of the Draft Supplemental
Subsequent EIR (SSEIR) for San Vicente Surge Control.
No members of public addressed the committee at this time.
2. Water Authority’s 2005 Urban Water Management Plan.
a. Report on preparation of the Water Authority’s 2005 Urban Water Management
Plan (UWMP).
Ms. Friehauf presented to the Board an overview on the preparation of the
2005 UWMP, its purpose, the California Urban Water Management Planning Act,
Senate Bills 610 and 221, the legal challenge to UWMP, Member Agency coordination,
and a tentative schedule for Water Authority’s 2005 UWMP from February
through November 2005.
b. Award a Professional Services Agreement to McGuire Environmental Consultants,
Inc., for preparation of a Drought Management Plan for a not-to-exceed amount
of $98,035.
Staff recommendation: Award a Professional Services Agreement to McGuire Environmental
Consultants, Inc., for preparation of a Drought Management Plan for a not-to-exceed
amount of $98,035.
Director Ball moved, Director Pocklington seconded and the motion carried
unanimously to award a Professional Services Agreement to McGuire Environmental
Consultants, Inc., for preparation of a Drought Management Plan for a not-to-exceed
amount of $98,035.
3. Regional Seawater Desalination at the Encina Power Station
3-A. Update
Mr. Weinberg presented to the committee the status report on Encina Desalination
Project including the August 12th Board Direction, process status, Inter-Agency
Agreement status, and the EIR status.
Mr. Yamada also presented to the Board and update on Proposition 50 and the
Water Authority’s Proposition 50 submittals of January 18, 2005.
3-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
Chairman Haddad stated that a Closed Session was not required.
III. INFORMATION
The following items were received and filed.
1. Water Resources report
IV ADJOURNMENT
There being no further business to come before the Water Planning Committee,
Chair Haddad adjourned the meeting at 10:15 a.m.
ENGINEERING AND OPERATIONS COMMITTEE
CALL TO ORDER / ROLL CALL
Chairman Knutson called the Engineering and Operations Committee to order at
10:30 a.m. Committee members present were Vice Chairs Ferguson and Johnson and
Directors Bopf, Brammell, Broomell, Croucher, Inzunza, Lewanski, Lewinger, Loveland,
Rogers, Thompson and Tu. There were no committee members absent. Also present
were Directors Ball, Dailey, Dixon, Haddad, Irvin, Lewis, Martin, Muir, Parker,
Pocklington, Price, Saunders, 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 Ms. Stapleton
and Messrs. Hentschke, Lanspery, Cushman, Eaton, Economides, Rose, and Stift.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
Mr. Weston submitted a speaker request form.
CHAIR’S REPORT
Chairman Knutson welcomed in the 2005-2006 Engineering and Operations Committee.
He also informed the committee members that they would be invited to the pre-Board
meetings on a rotating basis. Chairman Knutson stated that the committee would
establish it’s goals and objectives following the February 10, 2005 Board
Workshop.
Chairman Knutson recognized staff for achieving the American Society of Civil
Engineers 2005 Outstanding Civil Engineering Achievement Merit Award for the
Olivenhain Dam and Reservoir project. He informed the committee this project
was one of five finalists to receive this year's top Achievement Award to be
announced in April.
Chairman Knutson stated he had received a letter from the Pala Band of Indians
on the effect of the Gregory Canyon Landfill. This item would come to the committee
in February 2005.
An excellent report on the Twin Oaks Valley Water Treatment Plant Working
Group from November 2004 was passed out at the request of Vice Chair Ferguson.
I. CONSENT CALENDAR
1. Notice of Completion for Olivenhain Pump Station and Olivenhain 8 Flow Control
Facility.
Staff recommendation: Accept Olivenhain Pump Station and Olivenhain 8 Flow Control
Facility as complete, record Notice of Completion for all work, and release
all funds held in retention to Kiewit Pacific Company following expiration of
the Notice of Completion period.
2 Notice of Completion for Pipeline 4 Air Release/Air Vacuum Valve Modification.
Staff recommendation: Authorize the General Manager to accept the Pipeline 4
Air Release/Air Vacuum Valve Modifications as complete, record the Notice of
Completion, and release all funds held in retention to Metropolitan Construction
following expiration of the Notice of Completion period.
3. Landscaping Contract for Visual Mitigation of the Olivenhain Dam.
Staff recommendation: Award a construction contract to Native Landscape, Inc.,
in the amount of $188,691 for construction of the Landscaping for the Visual
Mitigation of the Olivenhain Dam Project.
4. Change Orders to Pomerado Pipeline 4 Relining Project.
Staff recommendation: Approve Change Orders 1 through 5 in the amount of $80,282,
and approve Change Order 6 in the amount of $273,333 to L.H. Woods & Sons,
Inc.’s contract for construction.
5. Third amendment to Aguirre and Associates surveying agreement for the PCCP
Replacement/Relining Project.
Staff recommendation: Authorize the General Manager to execute the third amendment
to the surveying services agreement with Aguirre and Associates, to increase
the maximum fee by $21,310 from $46,690 to the not-to-exceed total of $70,000
and the extend the contract expiration date to April 1, 2005 for the PCCP Replacement/Relining
Project.
6. Second amendment to Project Design Consultants surveying agreement for the
Aqueduct Protection Program\Corrosion Control Project.
Staff recommendation: Authorize the General Manager to execute the second amendment
to the surveying services agreement with Project Design Consultants, to increase
the maximum fee by $38,100 from $37,900 to the not-to-exceed total of $76,000
and to extend the contract expiration date to April 1, 2005, for the Aqueduct
Protection Program\Corrosion Control Project.
7. San Vicente to Second Aqueduct Pipeline-Payment of $154,000 to San Diego
Gas & Electric Company for Temporary Power Facilities.
Staff recommendation: Authorize the General Manager to execute two work orders
with SDG&E totaling $154,000 to provide temporary construction power facilities
for the West and Central Shafts of the San Vicente Pipeline project.
Director Broomell motioned, Vice Chair Ferguson seconded, and the motion carried
unanimously to approve the Consent Calendar.
II. ACTION, DISCUSSION, POSSIBLE ACTION
1. Regional Treatment Capacity Shortage.
A. Treated Water Issues. (Discussion)
B. Approve a Single-Phase, 100 mgd Twin Oaks Valley Water Treatment Plant.
(Original)Staff recommendation: Direct staff to amend the Request for Proposals
to Design, Build and Operate the Twin Oaks Valley Water Treatment Plant to remove
the two-phase, 50/100 mgd option, and request proposals only for a single-phase,
100 mgd project.
(Revised) Staff recommendation: Direct staff to amend the Request for Proposals
to Design, Build and Operate the Twin Oaks Valley Water Treatment Plant to remove
the two-phase, 50/100 mgd option, and request proposals only for a single-phase,
100 mgd project. Additionally, staff will return to the Board prior to awarding
this contract with a recommended prioritization policy for untreated water supplies
as relates to delivery restrictions in the Water Authority’s system. Water
Authority staff will develop this policy with input from the member agency Operating
Heads and General Managers.
Adopt the untreated water delivery priorities. Direct staff to return to Board
with analysis of revised water demands, timing of local supply development and
the affect on Pipeline 6 schedule.
C. Amendments and a Professional Service Agreement to support Proposal phase
of Twin Oaks Valley Water Treatment.
Staff recommendation: Authorize staff to:
a. Execute the first amendment to the Board of Senior Consultant professional
service agreement with Trussell Technologies in the amount of $103,000 for the
continued consulting services during the design-build-operate proposal phase
for a not-to-exceed amount of $130,000.
b. Execute the first amendment to the Board of Senior Consultants professional
service agreement with J. Gilbert, Inc., in the amount of $106,000 for continued
consulting services during the design-build-operate proposal phase for a not-to-exceed
amount of $145,000.
c. Execute the first amendment to the Board of Senior Consultant professional
service agreement with RW Beck in the amount of $100,000 for continued consulting
services during the design-build-operate proposal phase for a not-to-exceed
amount of $145,000.
d. Accept the second and third amendments in the amount of $167,495 and execute
the fourth amendment to the professional service agreement with Malcolm Pirnie,
Inc., in the amount of $600,000 for continued consulting services during the
design-build-operate proposal phase for a not-to-exceed amount of $2,667,495.
e. Award a professional service agreement to Gauthier Technologies in the amount
of $73,000 for participation on the Selection Committee and technical support
during the design-build-operate proposal phase.
Mr. Weston, the General Manager of Helix Water District, spoke in support
of Item II-1-B.
Engineering Manager Pyle gave a presentation on Items II-1-A and II-1-B. In
that presentation, a revised staff recommendation was presented to the Board.
Director Johnson requested an additional revision to the staff recommendation
on behalf of the City of San Diego to include returning to the Board prior to
award of the treatment plant contract with untreated water delivery priorities.
On Item II-1-B Vice Chair Johnson moved, Director Thompson seconded, and the
motion carried unanimously.
On Item II-1-C Director Tu moved, Vice Chair Johnson seconded, and the motion
carried unanimously.
Committee went into Closed Session at 11:35 a.m.
2. CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Acquisition of property interests for the San Vicente
Pipeline Project
Agency Negotiators: Daniel S. Hentschke, William J. Rose, William L. Busch,
Tad Brierton
Negotiating Parties: Mazel LLC, a limited liability company (APN’s 326-050-12,
326-050-22); Erreca Associates, LLC, a California limited liability company
(APN 326-051-02); Janell C. Adams and Michael J. Adams, wife and husband as
joint tenants (APN 326-060-18)
Under Negotiations
3. CLOSED SESSION:
Conference with Legal Counsel - Existing Litigation
Government Code §54956.9(a)
Name of Case: Tom Di Anda and Judy Di Anda v. San Diego
County Water Authority; Olivenhain Municipal Water District, et al.
San Diego Superior Court Case No. GIC 820302
The meeting reopened to the public at 11:50 a.m. General Counsel Hentschke
stated for the record that with respect to Item II no action was taken; with
respect to Item III, the action taken was not reportable at this time pursuant
to Government Code Section 54957.1.
III. INFORMATION
1. 10-day Aqueduct Maintenance Outage Policy.
Director of Operations and Maintenance Eaton gave a presentation on the 10-day
Aqueduct Maintenance Outage Policy. Director Saunders requested a table of member
agencies and how much storage each kept in case of an outage. Mr. Eaton stated
he would be able to supply that information at a later date.
The following item was received and filed:
2. Report on the Emergency Storage Project.
IV. ADJOURNMENT
There being no further business to come before the Engineering and Operations
Committee, Chairman Knutson adjourned the meeting at 11:55 a.m.
IMPORTED WATER COMMITTEE
CALL TO ORDER / ROLL CALL
Chairman Muir called the Water Policy Committee to order at 1:00 p.m. Committee
members present were Directors Ball, Bond, Broomell, Lewis, Martin, Parker,
Pocklington, and Saunders. Committee members absent were Directors Bowersox,
Haddad, Jaeschke, Quist, and Representative Slater-Price. Also present were
Directors Bopf, Brammell, Croucher, Dailey, Ferguson, Inzunza, Irvin, Johnson,
Knutson, Lewanski, Lewinger, Loveland, Price, Rogers, Steiner, Thompson, 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 Muir thanked the Board officers for his appointment as Chair to the
Imported Water Committee and he outlined the Committee’s responsibilities.
He discussed the recent opening of the Imperial Valley office, which was well
attended by IID directors, local community members, and Water Authority Directors
and staff.
4-A Directors’ Comments
There were no Director’s comments.
I. CONSENT CALENDAR
There were no items on the Consent Calendar.
II. ACTION, DISCUSSION, POSSIBLE ACTION
1. MWD issues and activities update.
1-A MWD delegates report.
Director Parker stated that the Desalination Subcommittee would now also focus
on reclaimed water, and had become the Desalination and Reclamation Committee.
He also said that water education would be an emphasis in the new administration.
Director Loveland said that although the board voted to authorize the inclusion
of rate structure integrity language in future water management program incentive
agreements, the vote was close, so interested member agency managers would continue
to work on alternative language with the goal to revert or modify the language
in March. Director Loveland also discussed the progress of the recruitment for
the open CEO position. Director Lewis said that he would comply with a request
from Chairman Bannister that he not write letters regarding excessive reserves
for six months. Director Pocklington stated that MWD intended to sell a parcel
of surplus property within the city of Pasadena.
2. Proposed 2005 Bay-Delta work plan.
Staff recommendation: Approve the proposed 2005 Bay-Delta work plan.
Principle Water Resources Specialist Stadler gave a presentation on the proposed
Bay-Delta work plan for 2005. In response to questions from Directors, Mr. Stadler
discussed the allocation of Prop 50 funds for private water agencies and CALFED’s
development of a finance plan for the Bay-Delta program. Director Ball moved,
Director Saunders seconded, the motion passed unanimously to approve the proposed
2005 Bay-Delta work plan.
3. Quantification Settlement Agreement.
3-A Quantification Settlement Agreement Quarterly report.
Program Manager Fogerson provided an update on the activities of the past
three months for the implementation of the Quantification Settlement Agreement
(QSA). He discussed the concern from Mexico that the amount of seepage into
Mexico would be reduced when the canal projects were lined. Director of Imported
Water Hess said that there would be a reduced recharge of less than 10 percent
according to the environmental documents. He said that the Water Authority did
not have an obligation to mitigate for this and that this water was allocated
to the U.S. and California. He said that a set of measures and studies had been
proposed that could be done with Mexico to accommodate some of its concerns.
Director Knutson commented on the success of the Imperial Valley office opening
and the outreach program for that area, but acknowledged that much work needed
to be done to gain acceptance in the community.
The Committee went into Closed Session at 1:55 p.m.
3-B CLOSED SESSION:
Conference with Legal Counsel – Existing Litigation
Government Code §54956.9(a)
Name of Case: QSA Judicial Council Coordination
Proceeding No. 4353
3-C CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Water conserved from All American Canal Lining
Agency Negotiators: Maureen A. Stapleton, James J. Taylor
Negotiating Parties: California/DWR; U.S./Bureau of Reclamation; IID/SDCWA
3-D CLOSED SESSION:
Conference with Legal Counsel – Potential Litigation
Government Code §54956.9(c) - One case
The Imported Water Committee reconvened at 2:18 p.m. General Counsel Hentschke
stated that the Committee discussed all three Closed Session items and that
there was no action to report.
4. Colorado River.
4-A Report by Colorado River Board representative.
Director Bond reported on the precipitation levels for the basin states and
the State Water Project. He discussed the current drought situation, the drought
allocation process, and issues regarding the rights of upper and lower basin
states.
III. INFORMATION
The following information items were noted and filed:
1. Quarterly Bay-Delta report.
2. Imported Water Activities report.
IV. ADJOURNMENT
There being no further business to come before the Imported Water Committee,
Chairman Muir adjourned the meeting at 2:20 p.m.
LEGISLATION, CONSERVATION AND OUTREACH COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Steiner called the Legislation, Conservation and Outreach Committee to
order at 2:25 p.m. Committee members present were Vice Chairmen Croucher and
Irvin, and Directors Bond, Dailey, Ferguson, Inzunza, Lewanski, Lewis, Price,
Rhinerson, Thompson and Williams. Committee member absent was Director Jaeschke.
Also present were Directors Ball, Brammell, Johnson, Knutson, Lewinger, Loveland,
Muir, Parker, Rogers, Saunders 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 Nenow, Messrs. Hentschke, Lanspery and Cushman.
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 Steiner welcomed everyone to the first Legislation, Conservation and Outreach
Committee meeting.
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
1. Legislative Issues.
1-A Adopt position on Draft WateReuse Omnibus Recycling Bill.
Staff recommendation: Adopt position of support on draft WateReuse Omnibus recycling
bill, to clarify specific language and recommendations as put forth by the 2002
Recycled Water Task Force in the Water Recycling 2030: Recommendations of California’s
Recycled Water Task Force report.
Water Resources Manager Jacoby reviewed the three categories of the omnibus
bill. Director Irvin moved, Director Dailey seconded, and the motion passed
unanimously to approve staff recommendation.
1-B Adopt position on access to grant funding made available by voter-approved
bonds.
Staff recommendation: Adopt a neutral position on the issue of whether privately
held water companies should be eligible to compete for grants and loans that
result from voter-approved bond measures.
Director Irvin moved, Chair Steiner seconded to defer item I-B to the next
meeting. The board requested additional information relating to the original
proposition language and statements concerning the proposition, the Legislative
Analysts Office statement relating to the proposition, the pros and cons of
an action on future legislation in Sacramento and why MWD did not take a position
on this bill. Director Lewinger asked that information also be provided relating
to future legislation or propositions being proposed or considered. The motion
passed unanimously.
1-C Report on AB 2717 (Laird) Urban Landscape Conservation
Taskforce.
Water Resources Manager Jacoby presented the task force’s background,
stakeholders involved, issues to be addressed, technical subcommittees planned
and future updates.
1-D Report by Carpi & Clay.
Legislative Advocate J. Clay reported on issues in Sacramento. Legislative
Advocate K. Carpi reported on issues in Washington, D. C.
2. Annual Water Authority Public Opinion poll.
Public Affairs Media Representative Liarakos presented an overview of the planned
2005 public opinion poll. Chair Steiner suggested if a director had a recommendation
for the poll, he or she should contact the Public Affairs Department, which
would take the request into consideration.
Director Muir asked if a question could be included regarding willingness
to use desalinated water. Mr. Liarakos stated it had been included in the past
and might be included again.
Director Rogers asked if the Water Authority surveyed retail agencies to see
how the Water Authority was doing as a wholesaler. Deputy General Manager Lanspery
responded that a survey of this type was conducted on an annual basis and the
latest results would be released in February.
III. INFORMATION
1. Regional Public Policy Coordinators Group.
Chair Steiner reported that the presentations to the legislators went well
and were well received by the legislators. Mr. Cushman made a presentation to
the San Diego legislators on behalf of the Water Authority in Sacramento. Public
Affairs Representative Gordon did an excellent job together with Mr. Poat of
the City of San Diego in making the necessary arrangements for the presentation.
It was anticipated that further meetings would occur with the legislators as
requested by the legislators or the members of the group. Chair Steiner stated
she was looking forward working in Sacramento.
2. News clip.
No news clip was shown.
3. Outreach activities for the month of December.
This item was received and filed.
IV. ADJOURNMENT
There being no further business to come before the Legislation, Conservation
and Outreach Committee, Chair Steiner adjourned the meeting at 2:59 p.m.
FORMAL BOARD MEETING OF JANUARY 27, 2005
1. CALL TO ORDER. Chairman Bond called the Formal Board of Director’s
meeting to order at 3:05 p.m.
2. SALUTE TO THE FLAG. Secretary Lewis led the salute to the flag.
3. ROLL CALL, DETERMINATION OF QUORUM. Secretary Lewis called
role. Directors present were Ball, Bond, Bopf, Brammell, Croucher,
Dailey, Ferguson, Inzunza, Irvin, Johnson, Knutson, Lewanski, Lewinger, Lewis,
Loveland, Martin, Muir, Parker, Pocklington, Price, Rhinerson, Rogers, Saunders,
Steiner, Thompson, Tu, Watton and Williams. Directors absent were Bowersox,
Broomell, Dixon, Haddad, Jaeschke, Quist 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 Ball moved, Director Irvin seconded and the
motion carried for a total of 88.86% of the vote, to approve the minutes of
the Formal Board of Director’s meeting of December 9, 2005.
6. OPPORTUNITY FOR MEMBERS OF THE PUBLIC WHO WISH TO
ADDRESS THE BOARD ON MATTERS WITHIN THE BOARD’S
JURISDICTION. Chair Bond announced he had received one speaker slip for the
Public Hearing.
7. PRESENTATIONS
7-A Retirement of Director. Adopt Resolution No. 2005-01 honoring Robert
Valderrama upon his retirement from the Board.
7-B Appointment of Director James J. Lewanski, representing Helix Water District.
Term expires August 18, 2007.
7-C Appointment of Director Nick Inzunza, representing the City of National
City.
Term expires March 8, 2008.
7-D Presentations to outgoing Chairman Rhinerson.
7-E PUBLIC HEARING
Hearing of Necessity to consider the adoption of an Amendment to Resolution
of Necessity 2004-41 for the San Vicente Pipeline Project.
Director of Right of Way Rose made a presentation on the amendment.
Ms. C. DeJardin legal representative of the San Diego Rancho La Cresta
Homeowners Association and Scripps Ranch Villages Master Association expressed
the Associations formal objection to any eminent domain proceeding in the matter
of the San Vicente Pipeline project.
Director Knutson moved, Director Pocklington seconded and the motion carried
unanimously to adopt Resolution No. 2005-02 amending the Resolution of Necessity
2004-41 adopted on November 18, 2004 in order to include the limiting language
that defines the property rights to be acquired.
8. REPORTS BY COMMITTEE CHAIRS
Administration and Finance Committee. Director Dailey reported items 9-1, 9-2,
9-3, and 9-4 were unanimously approved by the committee.
Water Planning Committee. Director Lewinger reported 9-5 was unanimously approved
by the Committee. In addition, he reported the Public Hearing on the Draft Supplemental
Subsequent EIR (SSEIR) for San Vicente Surge Control was held but no member
of the public showed up.
Engineering and Operations Committee. Director Knutson reported reported items
9-6 through 9-12 were unanimously approved by the committee. Action item 9-13
was amended and approved. Action item 9-14 was passed unanimously. He stated
there was no action on the closed session regarding the San Vicente Pipeline
project and he stated the Committee gave direction to the General Counsel on
the second closed session, the details of which were confidential.
Imported Water Committee. Director Muir reported item 9-15 was approved unanimously
and no action was taken on the closed session items.
Legislation, Conservation and Outreach Committee. Director Steiner reported
item 9-16 was approved unanimously in the committee. Item 9-17 was deferred.
9. CONSENT CALENDAR
Director Tu moved, Director Dailey seconded and the motion carried at 88.86%
of the vote to approve the amended Consent Calendar. Abstentions and those voting
no are listed under the item.
Item 9-1. Resolution authorizing amendments to the Memoranda of Understanding
for the Technical/Support and Managerial/Supervisory Bargaining Groups. The
Board adopted Resolution No. 2005-03 approving amendments to the Memoranda of
Understanding for the Technical/Support and Managerial/Supervisory Bargaining
Groups to provide a 10% shift pay premium for employees working a regular 12-hour
shift work schedule.
Item 9-2. Treasurer’s report. The Board noted and filed the monthly
Treasurer’s report.
Item 9-3. Adopt Resolution approving the refunding of Series 1998A Water Revenue
Certificates of Participation; authorize selection of Lehman Brothers as underwriter
pursuant to a negotiated bond sale; and approve financing documents, including
the Preliminary Official Statement, for the refunding of the Series 1998A Water
Revenue Certificates of Participation. The Board adopted Resolution No. 2005-04
approving the refunding of the Series 1998A Water Revenue Certificates of Participation,
authorized selection of Lehman Brothers, Inc. to act as underwriter on the refunding
pursuant to a negotiated bond sale, and approved the refunding financing documents,
including the Preliminary Official Statement.
Item 9-4. Approve resolution of considerations in making appointments to committees.
The Board adopted Resolution No. 2005-05 listing considerations in making appointments
to committees.
Item 9-5. Award a Professional Services Agreement to McGuire Environmental
Consultants, Inc., for preparation of a Drought Management Plan for a not-to-exceed
amount of $98,035. The Board awarded a Professional Services Agreement to McGuire
Environmental Consultants, Inc., for preparation of a Drought Management Plan
for a not-to- exceed amount of $98,035.
Item 9-6. Notice of Completion for Olivenhain Pump Station and Olivenhain
8 Flow Control Facility. The Board accepted Olivenhain Pump Station and Olivenhain
8 Flow Control Facility as complete, authorized recording Notice of Completion
for all work, and the release of all funds held in retention to Kiewit Pacific
Company following expiration of the Notice of Completion period.
Item 9-7. Notice of Completion for the Pipeline 4 Air Release/Air Vacuum Valve
Modification. The Board authorized the General Manager to accept the Pipeline
4 Air Release/Air Vacuum Valve Modifications project as complete, authorized
recording the Notice of Completion, and the release of all funds held in retention
to Metropolitan Construction following expiration of the Notice of Completion
period.
Item 9-8. Landscaping Contract for Visual Mitigation of the Olivenhain Dam.
The Board awarded a construction contract to Native Landscape, Inc., in the
amount of
$188,691 for construction of the landscaping for the visual mitigation of the
Olivenhain
Dam Project.
Item 9-9. Change Orders to Pomerado Pipeline 4 Relining Project.
The Board approved Change Orders 1 through 5 in the amount of $80,282, and approved
Change Order 6 in the amount of $273,333 to L.H. Woods & Sons, Inc.’s
contract for
construction.
Item 9-10. Third amendment to Aguirre and Associates surveying agreement for
the PCCP Replacement/Relining Project. The Board authorized the General Manager
to execute the third amendment to the surveying services agreement with Aguirre
and Associates, to increase the maximum fee by $21,310 from $46,690 to the not-to-exceed
total of $70,000 and to extend the contract expiration date to April 1, 2005
for the PCCP Replacement/Relining Project.
Item 9-11. Second amendment to Project Design Consultants surveying agreement
for the Aqueduct Protection Program\Corrosion Control Project. The Board authorized
the General Manager to execute the second amendment to the surveying services
agreement with Project Design Consultants, to increase the maximum fee by $38,100
from $37,900 to the not-to-exceed total of $76,000 and to extend the contract
expiration date to April 1, 2005, for the Aqueduct Protection Program\Corrosion
Control Project.
Item 9-12. San Vicente to Second Aqueduct Pipeline-Payment of $154,000 to San
Diego Gas & Electric Company for Temporary Power Facilities. The Board authorized
the General Manager to execute two work orders with SDG&E totaling $154,000
to provide temporary construction power facilities for the West and Central
Shafts of the San Vicente Pipeline project.
Item 9-13. Approve a Single-Phase, 100 mgd Twin Oaks Valley Water Treatment
Plant. The Board directed staff to amend the Request for Proposals to Design,
Build and Operate the Twin Oaks Valley Water Treatment Plant to remove the two-phase,
50/100 mgd option, and request proposals only for a single-phase, 100 mgd project.
Additionally, staff will return to the Board prior to awarding this contract
with a recommended prioritization policy for untreated water supplies as relates
to delivery restrictions in the Water Authority’s system. Water Authority
staff will develop this policy with input from the member agency Operating Heads
and General Managers. In addition, the Board adopted the untreated water delivery
priorities and directed staff to return to Board with analysis of revised water
demands, timing of local supply development and the effect on Pipeline 6 schedule.
Item 9-14. Amendments and a Professional Service Agreement to support Proposal
phase of Twin Oaks Valley Water Treatment Plan project.
The Board authorized staff to:
a. Execute the first amendment to the Board of Senior Consultant professional
service agreement with Trussell Technologies in the amount of $103,000 for the
continued consulting services during the design-build-operate proposal phase
for a not-to-exceed amount of $130,000.
b. Execute the first amendment to the Board of Senior Consultant professional
service agreement with J. Gilbert, Inc., in the amount of $106,000 for continued
consulting services during the design-build-operate proposal phase for a not-to
exceed amount of $145,000.
c. Execute the first amendment to the Board of Senior Consultant professional
service agreement with RW Beck in the amount of $100,000 for continued
consulting services during the design-build-operate proposal phase for a not-to-exceed
amount of $130,000.
d. Accept the second and third amendments in the amount of $167,495 and execute
the fourth amendment to the professional service agreement with Malcolm
Pirnie, Inc., in the amount of $600,000 for continued consulting
services during the design-build-operate proposal phase for a not-to-exceed
amount of $2,667,495.
e. Award a professional service agreement to Gauthier Technologies in the amount
of $73,000 for participation on the Selection Committee and technical support
during the design-build-operate proposal phase.
Item 9-15. Proposed 2005 Bay-Delta work plan. The Board approved the proposed
2005 Bay-Delta work plan.
Item 9-16. Adopt position on Draft WateReuse Omnibus Recycling Bill. The Board
adopted the position of support on draft WateReuse Omnibus recycling bill, to
clarify specific language and recommendations as put forth by the 2002 Recycled
Water Task Force in the Water Recycling 2030: Recommendations of California’s
Recycled Water Task Force report.
Item 9-17. Adopt position on access to grant funding made available by voter-approved
bonds. The Board deferred action on adopting a neutral position on the issue
of whether privately held water companies should be eligible to compete for
grants and loans that result from voter approved bond measures.
10. BOARD AND STAFF MATTERS
There were no items.
11. OTHER MATTERS
Chairman Bond reported there was no need for the closed sessions.
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
11-B CLOSED SESSION: Conference with Real Property Negotiator Government Code
§54956.8 Property: Acquisition of property interests for the San Vicente
Pipeline Project Agency Negotiators: Daniel S. Hentschke, William J. Rose, William
L. Busch, Tad Brierton Negotiating Parties: Mazel LLC, a limited liability company
(APN’s 326-050- 12, 326-050-22); Erreca Associates, LLC, a California
limited liability company (APN 326-051-02); Janell C. Adams and Michael J. Adams,
wife and husband as joint tenants (APN 326-060-18) Under Negotiations
11-C CLOSED SESSION: Conference with Legal Counsel - Existing Litigation Government
Code §54956.9(a) Name of Case: Tom Di Anda and Judy Di Anda v. San Diego
County Water Authority; Olivenhain Municipal Water District, et al. San Diego
Superior Court Case No. GIC 820302
11-D CLOSED SESSION:Conference with Legal Counsel – Existing LitigationGovernment
Code §54956.9(a)Name of Case: QSA Judicial Council Coordination Proceeding
No. 4353
11-E CLOSED SESSION: Conference with Real Property Negotiator Government Code
§54956.8 Property: Water conserved from All American Canal Lining Agency
Negotiators: Maureen A. Stapleton, James J. TaylorNegotiating Parties: California/DWR;
U.S./Bureau of Reclamation; IID/SDCWA
11-F CLOSED SESSION:Conference with Legal Counsel - Potential Litigation Government
Code §54956.9(c) – One case
12. CHAIRS REPORT
Chairman Bond reported on his meeting with the Chairman of the Imperial Irrigation
District and the subsequent comments that were made to the press. He commented
on the Metropolitan Water District Board meeting he attended to see the new
Chairman Wes Bannister who ran his first board meeting. In addition, he reported
on the January 13th meeting of the Board Officers and new chairs. He thanked
Director Steiner on her hard work on the Committee on Committees and the guidance
that was provided. He requested that Director Dailey report on the Southern
California Water Committee meeting. Director Dailey stated the Southern California
Water Committee had a task force that would be trying to increase their membership
with business members. In addition, Chair Bond reported on several other meetings
he had attended. Chairman Bond reminded the Board members to complete the evaluations
for the General Manager and the General Counsel that would be sent out soon.
13. STAFF REPORTS – Ms. Stapleton
No report was given.
14. GENERAL COUNSEL’S REPORT – Mr. Hentschke
Mr. Hentschke stated the written report was in the board packet.
15. ACWA-JPIA – Director Knutson
Director Knutson stated there was a meeting on January 25, 2005. He reported
there were two items that concerned Water Authority agencies: the executive
committee took no action to terminate Rainbow at this time until after their
March meeting; the San Luis Rey Municipal Water District applied for coverage
and was denied entry into their liability program.
16. SANDAG REPORT - Director Dailey
Director Dailey reported government’s requirement that SANDAG must increase
affordable housing in the next five years. She stated the commute report would
be released the next day. Director Williams reported on the Regional Planning
and Borders committee and stated there was no discussion regarding water.
17. WATER CONSERVATION GARDEN REPORT
Director Lewinger announced that former board member Warren Buckner would serve
as an alternative representing the Water Authority at the meetings. He announced
the Conservation Garden facilities manager was moving to Utah. In addition,
he announced that he and Director Loveland were planning a joint tour of the
garden with the Water Authority and the Metropolitan Water District board members.
18. OTHER COMMUNICATIONS
19. ADJOURNMENT
There being no further business to come before the Board, Chairman Bond
adjourned the meeting at 3:45 p.m.
__________________________________
Claude A. Lewis
Secretary
_______________________________
James H. Bond
Chairman
________________________________
Doria F. Lore, Clerk of the Board
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