MINUTES OF THE FORMAL BOARD OF DIRECTORS' MEETING
FEBRUARY 24, 2005
ADMINISTRATIVE AND FINANCE COMMITTEE
CALL TO ORDER / ROLL CALL
Chair Dixon called the Administrative and Finance Committee meeting to order
at
9:33 a.m. Committee members present were Vice Chairs Dailey and Tu, Directors
Bowersox, Brammell, Johnson, Knutson, Muir, Parker, Price, Steiner, Watton,
and Williams. Committee member absent was County Representative Slater-Price.
At that time, there was a quorum of the Committee. Also present were Directors
Ball, Bond, Bopf, Broomell, Croucher, Ferguson, Inzunza, Irvin, Lewanski, Lewinger,
Lewis, Martin, Quist, and Rogers. Staff present was General Manager Stapleton,
General Counsel Hentschke, Deputy General Manager Lanspery, Assistant General
Manager Cushman, Director of Finance/Treasurer Brust, Director of Administrative
Services Young, Director of Human Resources Glover, Controller Wade, and Rate
and Debt Administrator Delin. Also present were Mr. R. Morales, Financial Advisor,
RBC Dain Rauscher and Mr. S. Spitz, Partner, Orrick, Herrington & Sutcliffe
LLP.
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 noted that the Administrative and Finance Committee would be preparing
the Committee’s Goals and Objectives, and that an advanced draft copy
would be provided to the Committee members prior to the next Board meeting.
DIRECTOR’S COMMENTS
There were no Director’s comments.
I. CONSENT CALENDAR
1. Note and file monthly Treasurer’s Report.
Director Watton moved, Director Steiner seconded, and the motion carried unanimously
to approve the Consent Calendar.
II. ACTION / DISCUSSION
1. Approve the refunding of the remaining outstanding maturities of Series 1998A
Water Revenue Certificates of Participation; approve additional financing documents;
and extend the authorization of Lehman Brothers as underwriter for remaining
outstanding maturities pursuant to a negotiated bond sale.
Staff recommendation:
1. Approve the refunding of remaining outstanding maturities of the Series 1998A
Water Revenue Certificates of Participation.
2. Extend the authorization of Lehman Brothers to act as underwriter on the
refunding of the remaining outstanding maturities pursuant to a negotiated bond
sale.
3. Approve additional refunding financing documents.
Mr. Morales reported on the successful sale of the maturities of the Series
1998A Certificates of Participation authorized for refunding at the last Board
meeting. He reported that the market continued to improve since the Board had
authorized staff to proceed with the refunding, resulting in a present value
savings of $4.5 million, about 5.4 percent for the Water Authority.
Mr. Morales explained that certain additional maturities of the San Diego
County Water Authority, specifically 2018-2022, approximately $33 million of
outstanding debt, were being evaluated for possible refunding. Because of the
present market values, it was determined that an additional savings of $1 million
could be recognized. Mr. Morales announced that the plan was to go to market
tomorrow morning with the refunding. He reported the total savings for both
transactions could be in excess of $5.5 million, over 5 percent.
Directors asked questions and made comments about the report.
Director Knutson moved, Director Dailey seconded, and the motion carried unanimously
to approve the refunding of the remaining outstanding maturities of Series 1998A
Water Revenue Certificates of Participation; approve additional financing documents;
and extend the authorization of Lehman Brothers as underwriter for remaining
outstanding maturities pursuant to a negotiated bond sale.
2. Professional Services Contract to upgrade the PeopleSoft Financial and Human
Resources Systems.
Staff recommendation: Award a Professional Services Contract to Empower Solutions
in an amount not to exceed $1.6 million for consulting services to upgrade the
Peoplesoft Financial and Human Resources Systems to the current releases.
3. Professional Services Contract to upgrade the Maximo Computerized
Maintenance Management System.
Staff recommendation: Award a Professional Services Contract to Total Resource
Management, Inc. in an amount not to exceed $400,000 for consulting services
to upgrade the Maximo Computerized Maintenance Management System from version
4.11 to version 5.2.
Director Knutson recused himself from participating in items II-2 and II-3
due to his financial interest in Oracle.
Ms. Young made a PowerPoint presentation to the Board supporting the Professional
Services Contracts to Empower Solutions and Total Resource Management, Inc.
Directors asked questions and made comments about the presentation.
Director Tu moved, Director Steiner seconded, and the motion carried unanimously
to approve the consulting services contracts to upgrade PeopleSoft Financial
and Human Resources Systems and the Maximo Computerized Maintenance Management
System.
III. INFORMATION
The following items were received and filed:
1. Monthly Financial Report.
2. 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 10:07 a.m.
LEGISLATION, CONSERVATION AND OUTREACH COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Steiner called the Legislation, Conservation and Outreach Committee to
order at 10:12 a.m. Committee members present were Vice Chairs Croucher and
Irvin, Directors Bond, Dailey, Ferguson, Inzunza, Lewanski, Lewis, Price, Thompson
and Williams. Committee members absent were Directors Jaeschke and Rhinerson.
Also present were Directors Ball, Bopf, Bowersox, Brammell, Dixon, Haddad, Johnson,
Knutson, Lewinger, Loveland, Martin, Muir, Parker, Quist, Rogers and Watton.
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 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 acknowledged Public Affairs department staff for the 2004 Annual
Report. The Report was distributed to the board. Chair Steiner stated that the
goals and objectives of the committee would be presented in March and requested
that Committee members provide any suggestions they may have for goals and objectives.
She suggested that when directors receive notice that the speakers’ bureau
would be in their area, the director should make every effort to attend the
event.
DIRECTOR’S COMMENTS
There were no Director’s comments.
I. CONSENT CALENDAR
There were no items in the Consent Calendar.
II. ACTION / DISCUSSION
1. Legislative Issues.
1-A Adopt position of support on H.R. 135 (Linder) – to establish the
“Twenty-First Century Water Commission Act of 2005”.
Staff recommendation: Adopt position of support on H.R. 135 (Linder), to establish
the “Twenty-First Century Water Commission” to study and develop
recommendations for a comprehensive water strategy to address future water needs.
Director Croucher moved, Director Ferguson seconded, and the motion passed
unanimously to approve staff recommendation.
1-B Adopt position of support on H.R. 125 (Issa) – “Santa Margarita
Conjunctive Use Project”.
Staff recommendation: Adopt position of support on H.R. 125 (Issa)
Director Croucher moved, Director Ferguson seconded, and the motion passed
unanimously to approve staff recommendation.
1-C Report by Carpi & Clay.
Legislative Advocate B. Clay reported on issues in Sacramento. Director Irvin
requested an electronic summary of all bills be given to committee members.
Chair Steiner approved the request.
Legislative Advocate K. Carpi reported on issues in Washington, D. C.
III. INFORMATION
The following items were received and filed:
1. Presentation on Agricultural Water Management Plan update.
2. Treated Water Allocation Plan update.
3. SCOOP quarterly staff report.
4 Outreach activities for the month of January.
IV. ADJOURNMENT
There being no further business to come before the Legislation, Conservation
and Outreach Committee, Chair Steiner adjourned the meeting at 10:45 a.m.
WATER PLANNING COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Haddad called the Water Planning Committee meeting to order at 10:55
a.m. Committee members present were Vice Chairs Lewinger and Watton, Directors
Ball, Bopf, Dixon, Irvin, Loveland, Martin, Pocklington, Quist, Rogers, and
Saunders. Committee member absent was Director Rhinerson. Also present were
Directors Bond, Bowersox, Brammell, Broomell, Croucher, Dailey, Ferguson, Johnson,
Knutson, Lewanski, Lewis, Muir, Parker, Price, 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 Water Resources Weinberg, Water Resources Manager Purcell, Seawater Desalination
Program Manager Yamada, Senior Water Resources Specialist Mariscal, Water Resources
Specialist Gage, Engineer (PE) Suydam, and Contract Consultant McCullough.
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 stated staff was asked to draft preliminary committee goals along
with goals and objectives based on the Board’s priorities that were identified
at the Board’s recent workshop. Chair Haddad along with Vice Chairs Lewinger
and Watton would review and distribute the goals and objectives to committee
members by mid-March for review and comment. The goals would be discussed at
the March committee meeting and then brought before the Board for final approval
in April. He also reported to the committee that two Water Authority Seawater
Desalination funding proposals made it through initial Proposition 50 evaluation.
The first proposal was Design and Construction of Encina Desalination Conveyance
Facility for $3.7 million and a proposal for the Feasibility Study at San Onofre
for $250,000. The final decision would be announced in mid-May by the State.
DIRECTOR’S COMMENTS
There were no Director’s comments.
I. CONSENT CALENDAR
1. Enter into agreement with MWH Americas, Inc., (MWH) to provide professional
consulting services for a Regional Membrane Bioreactor System Study in an amount
not-to-exceed $74,185.
Staff recommendation: Authorize execution of an agreement in an amount not-to-exceed
$74,185 with MWH for a Regional Membrane Bioreactor System Study (MBR).
Director Irvin moved, Director Ball seconded and the motion carried unanimously
to approve the Consent Calendar.
II. ACTION / DISCUSSION
1. Public Hearing
1-A. Public Hearing on the Twin Oaks Valley Water Treatment Draft EIR.
Mr. Suydam and Ms. Gage presented to the Board an overview of the Twin Oaks
Valley Water Treatment Plant Project Summary.
No member of the public addressed the committee. Chairman Haddad closed the
Public Hearing.
2. Certify the Final Supplemental Subsequent Environmental Impact Report for
the San
Vicente Surge Control Facility.
Staff recommendation: That the Board adopt the a Resolution that:
a) Certifies that the Final SSEIR has been completed in compliance with the
California Environmental Quality Act (CEQA) and State CEQA Guidelines and reflects
the independent judgment of the Board;
b) Adopts a Mitigation Monitoring and Reporting Program
c) Adopts CEQA Findings
d) Approves the Project; and
e) Authorizes the filing of a Notice of Determination
Mr. McCullough presented to the committee the approved tunnel alignment; SEIR
design; San Vicente Surge Control Facility; and design changes. He also stated
that the Water Authority had received four letters from the public regarding
aesthetics, which would be addressed.
Director Ball moved, Director Lewinger seconded and the motion carried unanimously
to adopt the Resolution Certifying the Final Supplemental Subsequent Environmental
Impact Report for the San Vicente Surge Control Facility; adopts a Mitigation
Monitoring and Reporting Program; adopts CEQA Findings; approves the Project;
and authorizes the filing of a Notice of Determination.
Chairman Haddad requested that Information Item # 1, Water Resources Report,
be taken out of order.
Mr. Weinberg presented to the committee a status report on weather impacts
that included the Colorado River and State Water Project conditions; cumulative
and historic rainfall at Lindberg Field; a total monthly demand and rainfall;
monthly reservoir storage in the Water Authority service area; the estimated
runoff into storage; and the cumulative total water use.
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. He stated all activities relative to the EIR at Encina continue as
the Water Authority works closely with Cabrillo Power, the property owner. The
Water Authority had received two approvals for additional work on site, and
would be doing that forthwith. A final meeting was held between General Manager
Stapleton and the Carlsbad City Manager to wrap up remaining issues pertaining
to the Inter-Agency Agreement for the project. A draft agreement would be brought
before the Board to be reviewed and considered at its March meeting.
Director Lewinger recused himself from participating in Item II-3 due to his
financial interest in Poseidon Resources, Inc.
Chairman Haddad requested Mr. Hentschke take the Committee into closed session
at 11:25 a.m.
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
The committee came out of closed session at 11:40 a.m. At that time, there
was nothing to report.
IV ADJOURNMENT
There being no further business to come before the Water Planning Committee,
Chair Haddad adjourned the meeting at 11:45 a.m.
ENGINEERING AND OPERATIONS COMMITTEE
CALL TO ORDER / ROLL CALL
Chair Knutson called the Engineering and Operations Committee to order at 1:00
p.m. Committee members present were Vice Chairs Ferguson and Johnson, Directors
Bopf, Brammell, Broomell, Croucher, Inzunza, Lewanski, Lewinger, Rogers, Thompson,
and Tu.
Committee member absent was Director Loveland. Also present were Directors Ball,
Dailey, Martin, Muir, Pocklington, and Saunders. Staff present was Messrs. Hentschke,
Lanspery, Cushman, Eaton, Economides, Rose, and Stift.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
Chair Knutson recognized that members of the public were present to comment
on the Gregory Canyon issue, and would be called to speak when the topic was
reached on the agenda.
CHAIR’S REPORT
Chair Knutson announced the annual Engineering & Operations Tour would be
held in April. A preliminary itinerary was provided, and Chair Knutson asked
all directors to respond to the Tour reservation form stating whether they plan
to attend the Tour or not.
At the February 10, 2005 Special Board Meeting, the Board chose key items to
be reflected in the Committee Goals and Objectives. Staff is preparing the document
for discussion and comment at the March 24 Board. The Goals and Objectives would
be approved at the April 28 Board meeting.
DIRECTOR’S COMMENTS
There were no Directors' Comments.
I. CONSENT CALENDAR
1. Amend the Agreement between Vallecitos Water District and San Diego County
Water Authority for Construction, Operation, and Maintenance of Vallecitos 9
Flow Control Facility dated September 7, 2001.
Staff recommendation: Authorize the General Manager to amend section 4.3(ii)
of the agreement with Vallecitos Water District regarding the Vallecitos 9 Flow
Control Facility (VAL9FCF) dated September 7, 2001 to show the area to be granted
to Vallecitos Water District for their Disinfection Facility to be 40 feet by
58 feet.
2. Fourth amendment to Land Surveying Consultants surveying agreement.
Staff recommendation: Authorize the General Manager to execute the fourth amendment
to the agreement with Land Surveying Consultants to increase the maximum fee
by $20,000 from $89,700 to the not-to-exceed total of $109,700, to provide surveying
services for the Right of Way Access Project.
3. Third amendment to Project Design Consultants surveying agreement.
Staff recommendation: Authorize the General Manager to execute the third amendment
to the agreement with Project Design Consultants, to increase the maximum fee
by $65,000 from $560,895 to the not-to-exceed total of $625,895 to provide surveying
services for the San Vicente Pipeline Surge Control Facility.
4. Professional Services Contract for Design of the Mission Trails Flow Regulatory
Structure II.
Staff recommendation: Authorize the General Manager to award a professional
services contract to HDR Consultants, in the amount of $2,000,000 for planning,
preliminary design, final design, bid phase, and construction support services
for the Mission Trails Flow Regulatory Structure II project.
5. Notice of Completion for the Pipeline 3 and 4 Interconnections and Vault.
Staff recommendation: Authorize the General Manager to accept Pipelines 3 and
4 Interconnections and Vault as complete, record the Notice of Completion, and
release all funds held in retention to L.H. Woods & Sons, Inc., following
expiration of the Notice of Completion period.
Chair Knutson called for a motion on the Consent Calendar. Vice Chair
Ferguson moved, Vice Chair Johnson seconded, and the Consent Calendar carried
unanimously.
II. ACTION / DISCUSSION
1. Principles of Understanding for the East County Regional Treated Water Improvement
Program.
Staff recommendation: Authorize the General Manager to sign the proposed Principles
of Understanding for the East County Treated Water Improvement Program, and
direct staff to begin negotiations on agreements with involved member agencies
regarding implementation of the program.
Principal Engineer Garvey presented information regarding the proposed East
County Treated Water Improvement Program.
Vice Chair Johnson moved, Vice Chair Ferguson seconded, and the motion to
approve the staff recommendation carried unanimously.
The Committee went into Closed Session at 1:20 p.m.
2. CLOSED SESSION:
Conference with Legal Counsel – Deciding to Initiate Government Code §54956.9(c)
– One Case.
The meeting reopened to the public at 1:50 p.m. General Counsel Hentschke stated
for the record that the Board authorized the General Counsel to commence litigation
and retain Daley and Heft as special counsel in a contract amount not to exceed
$91,000.
III. INFORMATION
The following information items were received and filed:
1. Right of Way acquisition status on Lake Hodges Pipeline, San Vicente Pipeline,
Kendall, and Shinnerl.
2. Advertisement for Bids – Pipeline 4 Relining Del Dios Highway to Black
Mountain Ranch.
Chair Knutson called for public comment on the following information item.
3. Review of Gregory Canyon Landfill Development.
Mr. K. Battle of Pala, Mr. T. Arand, President of Envirepel of Fallbrook, addressed
their concerns regarding possible contamination of the water supply by the Gregory
Canyon Landfill, and the possibility of needing to move the pipelines away from
the landfill area. Mr. Arand also requested a Water Authority contact concerning
the Aqueduct connection. Chair Knutson asked that staff respond to Mr. Arand's
request.
Several Directors expressed concern that the First Aqueduct pipelines 1 and
2 are located directly under the proposed access road to the landfill, are located
through the corner of the landfill and under the proposed borrow pit for the
landfill. They wanted to be guaranteed complete protection of pipelines 1 and
2 from any landfill operation.
Mr. J. Simmons, President of Consultants Collaborative, San Marcos, stated
that the Gregory Canyon Landfill plans were not completed as of this date.
IV. ADJOURNMENT
There being no further business to come before the Engineering and Operations
Committee, Chair Knutson adjourned the meeting at 2:10 p.m.
IMPORTED WATER COMMITTEE
CALL TO ORDER/ROLL CALL
Chairman Muir called the Imported Water Committee to order at 2:16 p.m. Committee
members present were Directors Ball, Bond, Bowersox, Broomell, Lewis, Martin,
Parker, Pocklington, Quist, and Saunders. Committee members absent were Directors
Haddad, Jaeschke, and Representative Slater-Price. Also present were Directors
Bopf, Brammell, Croucher, Dailey, Dixon, Ferguson, Johnson, Knutson, Lewanski,
Lewinger, Loveland, Price, Rogers, Watton, and Williams. At that time, there
was a quorum of the 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
Consent Item I-2 was placed for discussion under the Action/Discussion portion
of the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the Committee.
CHAIR’S REPORT
Chairman Muir stated that the Imported Water Committee’s Goals and Objectives
would be provided in March and was scheduled for approval in April. He discussed
the Water Authority’s group trip to the ACWA conference in Washington,
D.C., and the issues discussed with legislators.
DIRECTOR’S COMMENTS
There were no Director’s comments.
I. CONSENT CALENDAR
1. Authorize the General Manager to execute two Professional Service Agreements
to support the All American and Coachella canal lining projects.
Staff recommendation: Authorize the General Manager to execute a professional
services agreement with RW Beck Inc., for project support services for the CCLP
and AACLP for CY 2005 for an amount not to exceed $300,000.
Director Pocklington moved, Director Martin seconded, and the motion passed
unanimously.
II. ACTION / DISCUSSION
1. Award a professional services agreement to Greystone Environmental Consultants,
Inc. for a 24-month period in an amount not-to-exceed $2,000,000.
Staff recommendation: Award a professional services agreement to Greystone Environmental
Consultants, Inc., to provide environmental support services for a 24-month
period in an amount not-to-exceed $2,000,000.
Principal Water Resource Specialist Tippets gave a presentation on the recommended
consultant agreement to prepare documents for the Habitat Conservation Plan/Natural
Community Conservation Plan as part of the Water Authority’s QSA obligations.
General Manager Stapleton said that the Water Authority was in discussions with
the Imperial Irrigation District to decide who would be the lead agency for
the agreement, and asked that the Board authorize the General Manager to postpone
the execution of the contract until that decision was made. Director Pocklington
made a motion, including the condition to wait until discussions with IID were
decided regarding the lead role. Director Broomell seconded the motion, and
the motion passed unanimously.
2. MWD issues and activities update.
2-A MWD delegates report.
Director Parker and Director Pocklington commented on a discussion at the Desalination
and Reclamation Committee meeting regarding MWD’s role on desalination
and subsidies. Director Loveland said that the Organization and Personnel Committee
were in the process of electing an outside negotiator to assist in MWD’s
union negotiations, and he gave an update on the recruitment for the open CEO
position. Director Ball commented on an agricultural tour lead by Director Loveland.
Director Lewis stated that the Ethics Committee was considering having a full
time staff.
3. Quantification Settlement Agreement.
3-A Report on QSA Implementation Ad Hoc Committee.
Director Watton reported on the recent QSA Implementation Ad Hoc Committee meeting.
He said that the Committee had been gathering information to understand the
various components of the QSA, the Local Entity, and Imperial Valley issues.
He stated that the Committee would meet again for an update on the Imperial
Valley, and would become more involved with strategies for the Local Entity
and Imperial Valley.
4. Colorado River.
4-A Report by Colorado River Board representative.
Director Bond reported on 2004 and 2005 projected Colorado River water use.
He said that officials from the seven basin states signed a letter supporting
the development of storage at or near the All American Canal. Director Bond
stated that several agencies developed a congressional alert to align the California
contingency against Arizona’s request to increase priority of Colorado
River water. He commented on perchlorate measurements on the River and gave
a status on the Moab uranium tailings pile issue. Director Quist commented on
California’s reduced draw on the River since 2002 from 5.2 maf to 4.3
maf, and commended MWD for its alternative water supplies. Director Lewinger
asked why California took only 4.3 maf from its full entitlement of 4.4 maf
on the River in 2004. Director Bond replied that there were inadvertent overrun
and paybacks, and the method of repayment was through forbearance. Director
of Imported Water Hess added that while some unused agricultural water was made
available to MWD, MWD’s capacity to pump these supplies was limited.
4-B Approve the final Environmental Impact Report/Environmental Impact Statement
and authorize the General Manager to execute agreements and permits necessary
for implementation of the Lower Colorado River Multi-Species Conservation Program.
Staff recommendation:
1. Adopt the Resolution that: Affirms that the analysis contained in the Final
EIR/EIS had been considered and reflects the independent judgment of the Board;
adopts Environmental Findings of Fact and Statement of Overriding Considerations
(Attachment 2); adopts a Mitigation Monitoring and Report Program; approves
the project; and authorizes the filing of a Notice of Determination.
2. Authorize the General Manager to execute the agreements and permits necessary
to implement the LCRMSCP.
Water Resources Manager Purcell gave a presentation on the recommendation for
the approval and subsequent participation of the Water Authority in the Lower
Colorado River Multi-Species Conservation Program (LCRMSCP). Director Bond endorsed
the LCRMSCP. Director Quist moved, Director Saunders seconded, and the motion
passed unanimously.
III. INFORMATION
The following information item was noted and filed:
1. Imported Water Activities report.
I. ADJOURNMENT
There being no further business to come before the Imported Water Committee,
Chairman Muir adjourned the meeting at 3:05 p.m.
FORMAL BOARD MEETING OF FEBRUARY 24, 2005
1. CALL TO ORDER. Chairman Bond called the Formal Board of Director’s
meeting to order at 3:10 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, Broomell, Croucher,
Dailey, Dixon, Ferguson, Inzunza, Johnson, Knutson, Lewanski, Lewinger, Lewis,
Loveland, Martin, Muir, Parker, Pocklington, Price, Quist, Rhinerson, Rogers,
Saunders, Steiner, Thompson, Tu, Watton and Williams. Directors absent were
Bowersox, Haddad, Irvin, Jaeschke, and Representative Slater-Price.
3-A Report on proxies received. No proxies were received.
4. ADDITIONS TO AGENDA. There were no additions to the agenda.
5. APPROVAL OF MINUTES. Director Ferguson moved, Director Muir seconded and
the motion carried for a total of 96.43% of the vote, to approve the minutes
of the Formal Board of Director’s meeting of January 27, 2005.
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 & PUBLIC HEARINGS
7-A Recognition of Employee of the 2nd Quarter. Senior Engineer Dave Chamberlain
was
honored as Employee of the 2nd Quarter.
7-B PUBLIC HEARING
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: 326-060-18 Michael
J. Adams and Janell C. Adams, husband and wife as joint tenants; 326-051-02
Erreca Associates LLC, a California Limited Liability Company; 326-050-12 &
326-050-22 Mazel LLC, a Limited Liability Company.
No members of the public addressed the board. Chairman Bond closed the Public
Hearing.
Director Knutson moved, Director Ball seconded and the motion carried unanimously
to adopt Resolution Number 2005-06, 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: 326-060-18 Michael
J. Adams and Janell C. Adams, husband and wife as joint tenants; 326-051-02
Erreca Associates LLC, a California Limited Liability Company; 326-050-12 &
326-050-22 Mazel LLC, a Limited Liability Company
8. REPORTS BY COMMITTEE CHAIRS
Administrative and Finance Committee. Director Dixon reported items 9-1 through
9-4 were voted on and approved.
Legislation, Conservation and Outreach Committee. Director Steiner reported
items 9-4 through 9-5 were approved unanimously in the committee.
Water Planning Committee. Director Watton reported items 9-7 through 9-8 were
voted on and approved.
Engineering and Operations Committee. Director Knutson requested the Directors
complete the response form for the upcoming Engineering and Operations tour.
He announced a poll will go out to the Directors regarding an upcoming tour
of Gregory Canyon. He stated items 9-9 through 9-14 passed unanimously. He stated
for the record that the Board authorized the General Counsel to commence litigation
and retain Daley and Heft as special counsel in a contract not to exceed $91,000
in the closed session.
Imported Water Committee. Director Muir reported item 9-15 was approved unanimously.
Item 9-16 was approved unanimously with the modification that stated with the
condition to wait until discussions with the Imperial Irrigation District are
decided regarding the lead role. Item 9-17 was approved unanimously.
9. CONSENT CALENDAR
Director Dailey moved, Director Tu seconded and the motion carried at 96.43%
of the vote to approve the amended Consent Calendar. Abstentions and those voting
no are listed under the item.
Item 9-1. Treasurer’s report. The Board noted and filed the monthly Treasurer’s
report.
Item 9-2. Approve the refunding of the remaining outstanding maturities of
Series 1998A Water Revenue Certificates of Participation; approve additional
financing documents; and extend the authorization of Lehman Brothers as underwriter
for remaining outstanding maturities pursuant to a negotiated bond sale.
The Board:
1. Approved the refunding of remaining outstanding maturities of the Series
1998A
Water Revenue Certificates of Participation.
2. Extended the authorization of Lehman Brothers to act as underwriter on the
refunding of the remaining outstanding maturities pursuant to a negotiated bond
sale.
3. Approved additional refunding financing documents.
Item 9-3. Professional Services Contract to upgrade the Peoplesoft Financial
and Human Resources Systems. The Board awarded a Professional Services Contract
to Empower Solutions in an amount not to exceed $1.6 million for consulting
services to upgrade the PeopleSoft Financial and Human Resources Systems to
the current releases.
Director Knutson abstained from this item.
Director Muir voted no on this item.
Item 9-4. Professional Services Contract to upgrade the Maximo Computerized
Maintenance Management System. The Board awarded a Professional Services Contract
to Total Resource Management, Inc. in an amount not to exceed $400,000 for consulting
services to upgrade the Maximo Computerized Maintenance Management System from
version 4.11 to version 5.2.
Item 9-5. Adopt position of support on H.R. 135 (Linder) – to establish
the “Twenty-First Century Water Commission Act of 2005.” The Board
adopted the position of support on H.R. 135 (Linder), to establish the “Twenty-First
Century Water Commission” to study and develop recommendations for a comprehensive
water strategy to address future water needs.
Item 9-6. Adopt position of support on H.R. 125 (Issa) – “Santa
Margarita Conjunctive Use Project.” The Board adopted the position of
support on H.R.125 (Issa)
Director Quist abstained from voting on this item.
Item 9-7. Enter into agreement with MWH Americas, Inc., (MWH) to provide professional
consulting services for a Regional Membrane Bioreactor System Study in an amount
not to-exceed $74,185. The Board authorized execution of an agreement in an
amount not-to-exceed $74,185 with MWH for a Regional Membrane Bioreactor System
Study (MBR).
Item 9-8. Certify the Final Supplemental Subsequent Environmental Impact Report
for the San Vicente Surge Control Facility. The Board adopted the Resolution
No. 2005-07 that:
a. Certifies that the Final SSEIR (previously provided on CD under separate
cover) has been completed in compliance with the California
Environmental Quality Act (CEQA) and State CEQA Guidelines and
reflects the independent judgment of the Board;
b. Adopts a Mitigation Monitoring and Reporting Program;
c. Adopts CEQA Findings;
d. Approves the Project; and
e. Authorizes the filing of a Notice of Determination.
Item 9-9. Amend the Agreement between Vallecitos Water District and San Diego
County Water Authority for construction, operation, and maintenance of Vallecitos
9 Flow Control Facility dated September 7, 2001. The Board authorized the General
Manager to amend section 4.3(ii) of the agreement with Vallecitos Water District
regarding the Vallecitos 9 Flow Control Facility (VAL9FCF) dated September 7,
2001 to show the area to be granted to Vallecitos Water District for their disinfection
facility to be 40 feet by 58 feet.
Item 9-10. Fourth amendment to Land Surveying Consultants surveying agreement.
The Board authorized the General Manager to execute the fourth amendment to
the
agreement with Land Surveying Consultants to increase the maximum fee by $20,000
from
$89,700 to the not-to-exceed total of $109,700, to provide surveying services
for the Right
of Way Access Project.
Item 9-11. Third amendment to Project Design Consultants surveying agreement.
The Board authorized the General Manager to execute the third amendment to the
agreement with Project Design Consultants, to increase the maximum fee by $65,000
from
$560,895 to the not-to-exceed total of $625,895 to provide surveying services
for the San
Vicente Pipeline Surge Control Facility.
Item 9-12. Professional Services Contract for Design of the Mission Trails
Flow Regulatory Structure II. The Board authorized the General Manager to award
a professional services contract to HDR Consultants, in the amount of $2,000,000
for planning, preliminary design, final design, bid phase, and construction
support services for the Mission Trails Flow
Regulatory Structure II project.
Item 9-13. Notice of Completion for the Pipeline 3 and 4 Interconnections and
Vault.
The Board authorized the General Manager to accept Pipelines 3 and 4 Interconnections
and Vault as complete, record the Notice of Completion, and release all funds
held in
retention to L.H. Woods & Sons, Inc., following expiration of the Notice
of Completion
period.
Item 9-14. Principles of Understanding for the East County Regional Treated
Water Improvement Program. The Board authorized the General Manager to sign
the proposed Principles of Understanding for the East County Treated Water Improvement
Program, and direct staff to begin negotiations on agreements with involved
member agencies regarding
implementation of the program.
Item 9-15. Authorize the General Manager to execute two Professional Service
Agreements to support the All American and Coachella Canal lining projects.
The Board authorized the General Manager to execute two professional service
agreements
with RW Beck Inc., for project support services for the CCLP and AACLP for a
combined
total amount not to exceed $300,000.
Item 9-16. Award a professional services agreement to Greystone Environmental
Consultants, Inc. for a 24-month period in an amount not-to-exceed $2,000,000.
The Board awarded a professional services agreement to Greystone Environmental
Consults, Inc., to provide environmental support services for a 24-month period
in an
amount not-to-exceed $2,000,000, with the condition to wait until discussions
with the
Imperial Irrigation District are decided regarding the lead role.
Item 9-17. Approve the final Environmental Impact Report/Environmental Impact
Statement and authorize the General Manager to execute agreements and permits
necessary for
implementation of the Lower Colorado River Multi-Species Conservation Program.
The Board:
1. Adopted Resolution No. 2005-08 that affirms that the analysis contained in
the
Final EIR/EIS has been considered and reflects that independent judgment of
the
Board; adopts Environmental Findings of Fact and Statement of Overriding
Considerations; adopts a Mitigation Monitoring and Report Program; approves
the
project; and authorizes the filing of a Notice of Determination.
2. Authorized the General Manager to execute the agreements and permits necessary
to implement the LCR MSCP.
10. ACTION / DISCUSSION
There were no items.
11. CLOSED SESSION:
Chairman Bond reported there was no need for the closed session for items 11-A
and 11-B. There was no report on items 11-C and 11-D.
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 Legal Counsel – Deciding to Initiate Government Code
§54956.9(c) – One Case
11-C CLOSED SESSION:
Public Employee Performance Evaluation, Government Code §54957
Title: General Manager
Conference with Labor Negotiators, Government Code §54957.6
Designated Board Representatives: Chair, Vice-Chair, Secretary
Unrepresented Employee: General Manager
11-D CLOSED SESSION:
Public Employee Performance Evaluation, Government Code §54957
Title: General Counsel
Conference with Labor Negotiators, Government Code §54957.6
Designated Board Representatives: Chair, Vice-Chair, Secretary
Unrepresented Employee: General Counsel
12. CHAIRS REPORT
Chairman Bond reported a summary of the events he attended this past month.
He reported there had been some productive meetings relating to the QSA.
13. STAFF REPORTS – Ms. Stapleton
Ms. Stapleton reported that she had been appointed one of the members of the
Governor’s Task Force on California Environmental Quality Act (CEQA) reform.
She stated the Water Authority was the only water agency on this task force.
She announced Mr. Weinberg’s presentation on the effects of recent rainfall
would be provided to the Directors via CD or e-mail.
14. GENERAL COUNSEL’S REPORT – Mr. Hentschke
Mr. Hentschke stated the written report was in the board packet.
15. ACWA-JPIA – Director Knutson
There was no report.
16. SANDAG REPORT - Director Dailey
Director Dailey reported the transit report had been unveiled. She stated the
public hearing for regional housing needs for 2005-2010, which includes plans
for 107,301 housing units in eighteen cities, would be upcoming.
17. WATER CONSERVATION GARDEN REPORT
Director Lewinger announced a Friends of the Garden meeting would be scheduled
for April 28, 2005 after the board meeting. This would kick off a fund raising
campaign.
18. OTHER COMMUNICATIONS
19. ADJOURNMENT
There being no further business to come before the Board, Chairman Bond
adjourned the meeting at 4:22 p.m.
__________________________________
Claude A. Lewis
Secretary
_______________________________
James H. Bond
Chairman
________________________________
Doria F. Lore, Clerk of the Board
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