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California Water Authority

MINUTES OF THE FORMAL BOARD OF DIRECTORS' MEETING

February 28, 2008

ENGINEERING AND OPERATIONS COMMITTEE MEETING

CALL TO ORDER/ROLL CALL
Chair Ferguson called the Engineering and Operations Committee to order at 9:00 a.m. Committee members present were Chair Ferguson, Vice Chair Johnson, Vice Chair Bowersox, Directors Brammell, Hogan, Knutson, Petty, Pocklington, Smith, and Thompson. Directors Barrett, Morrison, Lizzul, and Tu were absent. Other Board members present were Directors Arant, Bond, Dailey, Lewinger, Lewis, Martin, McMillan, Parker, Price, Watton, and Kenneth Williams. Staff present was General Manager Stapleton, General Counsel Hentschke, Deputy General Manager Belock, Deputy General Manager Lanspery, Director of Engineering Stift, Director of Operations and Maintenance Eaton, and Director of Right of Way Rose.

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 Ferguson announced the American Society of Civil Engineers had presented the Water Authority the ASCE Water Project of the Year – Region 9, State of California award for the Rancho Penasquitos Pressure Control and Hydroelectric Facility. She noted the project had also been recognized by ASCE's San Diego Section with the ASCE Outstanding Civil Engineering Water Project of the Year award.

DIRECTORS’ COMMENTS
Vice Chair Johnson reported he attended the Water Authority at the awards banquet in Sacramento for the ASCE Water Project of the Year presentation.


I. CONSENT CALENDAR

1. Professional services contract for construction management support services.

Staff recommendation: Award a professional services contract to R.W. Beck for as-needed construction management support services to support the Capital Improvement Program projects for an amount not-to-exceed $5,000,000 or for a period of five years, whichever occurs first.

2. Professional services contract for construction management support services.

Staff recommendation: Award a professional services contract to On-Site Technical Services, for as-needed in-plant inspection services to support the Capital Improvement Program projects for an amount not-to-exceed $5,000,000 or for a period of five years, whichever occurs first.

3. Professional services contract with URS Corporation for damage assessment of the Alvarado Hydroelectric Facility.

Staff recommendation: Award a professional services contract to URS Corporation for an amount not-to-exceed $115,000 for damage assessment of the Alvarado Hydroelectric Facility.

4. Professional services contract for tree removal and trimming.

Staff recommendation: Award a professional services contract to Tree Elements, Inc. for tree removal and trimming services through March 1, 2010 for a total not-to-exceed amount of $100,000.

5. Change Orders for the San Vicente Pipeline project.

Staff recommendation: Approve change order 40 for the interim payment of $1,005,000 to Shea-Traylor Joint Venture's construction contract for the San Vicente Pipeline project for costs associated with the differing site condition in Reach 4 East, for a total change order increase to date of $10,230,022.

Director Knutson moved, Director Pocklington seconded, and the motion to accept the Consent Calendar passed unanimously.

II. ACTION/DISCUSSION

1. Right of Way management issue.

Staff recommendation:
Authorize staff to unilaterally issue conditional encroachment permits for certain preexisting swimming pool encroachments.

Director of Right of Way Rose gave a brief presentation on the evolution of the Right of Way Department's management practices and the Board's administrative policy to deal with significant unauthorized encroachments.

Right of Way Supervisor Brierton described staff's review and analysis to determine the recommendation to issue conditional encroachment permits for three swimming pools on the Water Authority's First Aqueduct easement.

After discussion by the Board, Director Pocklington moved, Director Smith seconded, and the Engineering and Operations Committee passed the motion to authorize staff to unilaterally issue conditional encroachment permits for certain preexisting swimming pool encroachments. Director Thompson opposed the motion.

III. INFORMATION

1. Presentation on Pipeline 4 Repairs at San Diego River.

Design Manager Conner presented an update on the Pipeline 4 repairs at the San Diego River in Mission Trails Regional Park.

IV. CLOSED SESSION

1. Closed Session:
Conference with Legal Counsel – Existing Litigation
Government Code §54956.9(a) – Differing Site Condition and
Multiple Shift Pay Disputes

General Counsel Hentschke informed the Committee that the closed session item had been discussed at the February 21, 2008 Special Engineering and Operations Committee meeting, there was no new information, therefore, the scheduled closed session was not necessary.

V. ADJOURNMENT


There being no further business to come before the Engineering and Operations Committee, Chair Ferguson adjourned the meeting at 9:55 a.m.



ADMINISTRATIVE AND FINANCE COMMITTEE

CALL TO ORDER / ROLL CALL
Chair Wornham called the Administrative and Finance Committee meeting to order at 10:02 a.m. Committee members present were Chair Wornham, Vice Chairs Hogan and Price, Directors Bond, Hilliker, Johnson, Lewis, Petty, Pocklington, Saunders*, Smith, and Thompson. Committee members absent were Directors Quist and H. Williams. Also present were Directors Arant, Bowersox, Brammell, Croucher, Dailey, Ferguson, Knutson, Lewinger, Linden, Lizzul, Martin, McMillan, Muir, Parker, Watton, and K. 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 Managers Belock and Lanspery, Director of Human Resources Leone, Director of Administrative Services Young, and Acting Director of Finance/Treasurer Sandler.

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 Wornham reminded board members to mark their calendar for the March 2o, 2008 Administrative and Finance Committee workshop scheduled 1:30-3:30 p.m. and stated the full board was invited. The topics would include the Water Authority’s Long Range Financing Plan and the 2008 bond sale.

DIRECTORS’ COMMENTS
There were no Directors’ comments.


I. CONSENT CALENDAR


1. Treasurer’s report.

Staff recommendation: Note and file monthly Treasurer’s report.

Director Hilliker moved, Director Price seconded, and the motion passed unanimously to approve the consent calendar.

*Director Saunders joined the meeting at 10:15 a.m.

II. ACTION/DISCUSSION

1. 2008 Bond Sale

1-A Adopt a resolution making a declaration of official intent to reimburse certain expenditures from proceeds of future Water Authority debt obligations.

Staff recommendation:
Adopt Resolution No. 2008-____ making a declaration of official intent to reimburse certain capital projects expenditures from proceeds of future debt obligations.

Director Pocklington moved, Director Price seconded, and the motion passed unanimously.

1-B Approve a Negotiated Method of Sale for Issuance of the Series 2008A Water Revenue Certificates of Participation.

Staff Recommendation:
Approve a negotiated method of sale, rather than a competitive method of sale, for the Water Authority’s planned issuance of its Water Revenue Certificates of Participation in May 2008.

Mr. Sandler and Mr. Rich Morales of Wedbush Morgan, one of the Water Authority’s financial advisors, gave a thorough and informative presentation regarding the Series 2008 Water Revenue Certificates of Participation. The presentation included a financing overview, an update of current market conditions and the bond insurer crisis, a description of the staff recommendation for a negotiated sale, and a financing schedule.

Chair Wornham advised staff to verify each month that there had been no deterioration in the financial position of our pre-approved underwriters and encouraged comments and feedback. Chair Wornham also applauded staff for a job well done.

Director Johnson moved, Director Bond seconded, and the motion passed unanimously.

III. INFORMATION

The following items were received and filed:

1. Presentation on Water Authority Long-Range Financing Plan.

Mr. Sandler gave a brief presentation on the Water Authority’s Long-Range Financing Plan reviewing its background, key factors of the 2008 update, and the schedule for distributing and receiving comments on the plan.

2. Presentation on 2011 Business Plan progress for calendar year 2007.

Ms. Stapleton gave an overview of the Water Authority’s 2011 Business
Plan which addressed the 2007 progress, 2008-2009 focus areas, and the alignment that the business plan will have with the Board’s Strategic Plan.

3. Controller’s report on monthly financial statements.

4. Board Calendar.

IV. ADJOURNMENT

The committee went into closed session at 11:10 a.m.

2. CLOSED SESSION:
Conference with Legal Counsel – Potential Litigation Government Code Section 54956.9(b) – Capacity Charge Refund Claim

The committee reconvened at 11:40. General Counsel Hentschke stated there were no reportable actions taken on the closed session item.



IMPORTED WATER COMMITTEE

CALL TO ORDER/ROLL CALL
Chair Croucher called the Imported Water Committee to order at 11:47 a.m. Committee members present were Chair Croucher, Directors Brammell, Ferguson, Knutson, Lewinger, Linden, Lizzul, Martin, McMillan, Parker, Price, and Williams. Director Craver was absent. Also present were Directors Arant, Bond, Bowersox, Dailey, Hilliker, Hogan, Johnson, Lewis, Morrison, Muir, Petty, Pocklington, Saunders, Thompson, Tu, Watton, Williams, and Wornham. 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 Managers Belock and Lanspery, Assistant General Manager Cushman, MWD Program Chief Chen, Colorado River Programs Director Razak, 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 Croucher noted that the Water Education Foundation had scheduled a free one-day workshop on March 7, 2008 on the Delta Vision Blue Ribbon Taskforce. He discussed the Governor’s recent water infrastructure meeting with Senator Feinstein and California’s long-range precipitation outlook.

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


I. CONSENT CALENDAR

There were no items on the consent calendar.

II. ACTION/DISCUSSION

1. MWD Issues and Activities update.

1-A Metropolitan Water District’s Integrated Area Studies final report.

Chair Croucher stated the item was available in the board packet.

1-B Report on Metropolitan Water District’s Proposed Rates and Charges for Calendar Year 2009.

Staff recommendation:
Support MWD staff’s recommended rate Option 2, as described in its January 8, 2008 board memo with modifications as detailed in this memo.

Ms. Chen gave a presentation on MWD’s recommended rates and charges. She stated MWD recommended rate Option 2, which would increase MWD’s overall effective rate by approximately 14.5 percent. She stated supply costs was the main driver for the rate increase. Ms. Chen added that Water Authority staff recommended the Board support Option 2, with modifications.

Following the presentation, directors asked questions and made comments regarding the drivers for the rate increase, debt-ratio coverage, and MWD’s reserve levels.

Director Knutson made a motion, Director Steiner seconded, and the motion passed. Directors Lewinger and Martin opposed the motion.

1-C Metropolitan Water District’s Delegates report.

There were no comments from the directors.

2. Colorado River Programs.

2-A Colorado River Board Representative’s report.


Director Knutson stated the Colorado River Basin snowpack was at 131 percent, and that a 113 percent runoff into Lake Powell was projected.

Ms. Razak introduced Darren Simon, Senior Public Affair Representative for the Colorado River Programs, who would represent the Water Authority in the Imperial Valley. She shared photos from the recent All American Canal construction breach from the coffer dam failure and discussed the actions to be taken.

III. INFORMATION

1. Metropolitan Water District Program report.

The item was noted and filed.

IV. CLOSED SESSION


1. CLOSED SESSION:
Conference with Legal Counsel – Existing Litigation
Government Code §54956.9(a)
Name of Case: IID/SDCWA Transfer (Price Reset)

2. CLOSED SESSION:
Conference with Legal Counsel – Existing Litigation
Government Code §54956.9(a)
Name of Case: QSA Judicial Council Coordination Proceeding No. 4353

The Committee went in to closed session at 12:38 p.m.

The Committee reconvened at 12:41 p.m. General Counsel Hentschke stated that there were no reportable actions taken on the closed session items.

V. ADJOURNMENT

There being no further business to come before the Imported Water Committee, Chair Croucher adjourned the meeting at 12:42 p.m.



LEGISLATION, CONSERVATION AND OUTREACH COMMITTEE

CALL TO ORDER / ROLL CALL
Chair Tu called the Legislation, Conservation and Outreach Committee to order at 1:30 p.m. Committee members present were Chair Tu, Vice Chairs Morrison and H. Williams and Directors Arant, Bond, Croucher, Dailey, Hilliker, Muir, Watton, K. Williams, and Wornham. Committee members absent were Directors Craver and Quist. Also present were Directors Bowersox, Brammell, Ferguson, Johnson, Knutson, Lewinger, Lewis, Linden, Lizzul, Martin, McMillan, Parker, Petty, Price, Saunders, Smith, and Thompson. 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 votes. Staff present was General Manager Stapleton, General Counsel Hentschke, Deputy General Managers Lanspery and Belock, Assistant General Manager Cushman, and Director of Public Affairs Foster.

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 Tu moved Item Number 5 under Information to be discussed after the Consent Calendar.

DIRECTORS’ COMMENTS
Director Muir introduced Nora Jaeschke, a member of the Conservation Ad Hoc Committee.

Director Johnson announced that SCOOP received a meritorious citation from the San Diego Supplier Council for the Ninth Annual Paths to Partnership event.

I. CONSENT CALENDAR

1. Adopt position of Opposed on AB 983 (Ma).

Staff recommendation:
Adopt position of Oppose on AB 983 (Ma).

Director Wornham moved, Director Dailey seconded, and the motion carried unanimously to accept staff recommendation.

Chair Tu announced the following item would be taken out of order.

III. INFORMATION

5. Water Conservation Garden report.

Executive Director Eberhardt announced the California Friendly Plant Sale on March 15 and the Spring Garden Festival on March 26.

Nora Jaeschke thanked the Board for their support on conservation and stated she is seeking corporate and agency partnerships.

II. ACTION/DISCUSSION

1. Amend professional services agreement with Mentus, Inc., to begin implementation of regional advertising and marketing plan to support Drought Management Plan communications strategy.

Staff recommendation:
Amend the professional services agreement with Mentus, Inc., by $112,000 for a total amount not-to-exceed $162,000 to begin implementation of the regional conservation advertising and marketing plan in support of the Drought Management Plan communications strategy.

Director of Public Affairs Foster provided a presentation, including Phase One communications, Phase Two communications, dry-year supply planning scenario, and advertising/marketing development. Guy Iannuzi, Mentus, Inc., provided a presentation, including strategic rationale, emotions, consumer-centric messaging, three-phase solution, Phase One campaign creative, media mix, urgent awareness message, TV impact of message, newspaper impact of message, internet impact of message, Phase Two, July through September, water saving tip radio spots, campaign outreach program, youth outreach, WaterRocks concert, 2,941,454 San Diego County residents, Hispanic outreach, Hispanic outdoor, Hispanic print and online, Asian audiences via newspapers, community partner campaign, 2008-09 media program, and summary. Director of Public Affairs Foster completed the presentation, with next steps, timeline, and staff recommendation.

Assistant General Manager Cushman stated that staff would provide a more detailed report in March and would include the school education program.

Director Wornham moved, Director Dailey seconded and the motion carried unanimously to adopt staff recommendation.

2. Legislative issues.

2-A Report by Carpi and Clay.


Legislative Advocate K. Carpi reported on issues in Washington, D.C., and Legislative Advocate J. Clay reported on issues in Sacramento.

2-B Adopt positions of Oppose on Proposition 98 and Support on Proposition 99.

Staff recommendation:
Adopt positions of Oppose on Proposition 98 and Support on Proposition 99.

Director Morrison moved, Director Dailey seconded, and the motion carried to approve staff recommendation. Director Hilliker opposed the motion.

III. INFORMATION

The following items were received and filed:

1. 2007 Water Conservation Summit post event White Paper.

2. SCOOP Quarterly report.

3. Conservation outreach update.

4. Government relations update.

6. Outreach activities for the month of January.

IV. CLOSED SESSION


There were no closed session items.

V. ADJOURNMENT


There being no further business to come before the Legislation, Conservation and Outreach Committee, Chair Tu adjourned the meeting at 2:53 p.m.



WATER PLANNING COMMITTEE MEETING

CALL TO ORDER / ROLL CALL
Chair Lewinger called the meeting to order at3:05 p.m. Committee members present were Chair Lewinger, Vice Chair Saunders and Muir, Directors Bowersox, Dailey, Lewis, Martin, McMillan, Parker, Steiner and Watton. Committee member absent were Directors Barrett and Linden. Also present were Directors Bond, Brammell, Craver, Croucher, Ferguson, Hogan, Johnson, Petty, Price, Smith, Tu, H. Williams, K. Williams, and Wornham. 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 Managers Belock and Lanspery, Deputy Assistant General Manager Cushman, Director of Water Resources Weinberg, Water Resources Managers Yamada, Senior Water Resources Specialists Mariscal, and Water Resource Specialist Diehr.

A DDITIONS 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
4-A Progress Report on Water Planning Committee’s Goals and Objectives for 2007 and 2008.

Chair Lewinger announced the Water Authority would join the Water Utility Climate Alliance. The Alliance is comprised of seven of the nation’s largest water sellers, altogether serving over 36 million people. The Alliance’s goal was to better understand the effects of climate change, specifically, to study the effects of rising temperatures on water supplies, as well as how utilities adapt. Priorities included improving regional climate projections and joining more international research projects. Participants included the Metropolitan Water District, San Francisco Public Utilities Commission, Denver Water, New York City Department of Environmental Protection, Portland Water Bureau, Seattle Public Utilities, and the Southern Nevada Water Authority. Cheryl Stewart, the Water Authority’s Special Projects Manager, would be involved in the climate change issue and would be available to answer questions.

Chair Lewinger announced a special meeting of the Water Planning Committee would take place during the first week of April to prepare for scheduled action in April to approve the San Vicente Dam Carryover Storage EIR-EIS. He also stated the committee Vice Chair would chair the meeting.

DIRECTORS’ COMMENTS

I. CONSENT CALENDAR

1. Agreement with the Metropolitan Water District of Southern California to provide funding through its Public Sector Recycled Water Retrofit Program.

Staff recommendation:
Authorize the General Manager to enter into an agreement with Metropolitan Water District of Southern California for the purpose of passing through incentive funding through Metropolitan Water District’s Program to the member agencies and their respective public agency customers that are currently using potable water for irrigation purposes and will be retrofitted to use recycled water.

Director Steiner moved, Director Saunders seconded, and the motion passed unanimously to approve the consent calendar.

II. ACTION/DISCUSSION

Chair Lewinger took Action Item 2 out of order.

2. Revisions to the Local Water Supply Development Program.

Staff recommendation:


1. Expand the eligibility for the Local Water Supply Development Program to include seawater desalination projects that demonstrate a financial need.

2. Approve Local Water Supply Development Program Guidelines and Funding Principles for Brackish Groundwater and Seawater Desalination Projects.

Director Muir moved, Director Arant seconded, and the motion passed unanimously to approve Item 2 Revisions to the Local Water Supply Development Program.

1. Drought Management Plan

1-A Drought Management Plan Implementation Report.


Director Weinberg stated in the interest of time the report would be an abbreviated version and directed the committee to page 190 of the board packet for details. He noted Metropolitan’s Board approved the Drought Allocation Methodology with an overwhelming majority.

Mr. Yamada provided an abbreviated report on key water use and supply outlook graphs. The abbreviated report focused on available supplies and the first data point on 2008 water use pertaining to a comment by Director Price at the last committee meeting.

1-B Update on water transfer negotiations to provide short-term water supplies for 2008.

III. INFORMATION

1. Water Resources report.

The Water Resources Report was received and filed.

IV. CLOSED SESSION

Mr. Hentschke took the Board into closed session at 3:15 p.m.

1-E CLOSED SESSION:

Conference with Real Property Negotiator
Government Code §54956.8
Property:
a. Sutter Extension Water District – water
b. Butte Water District –water
Agency Negotiators:
Daniel Hentschke, Dennis Cushman, Gordon Hess, Debbie Espe
Negotiating Parties:
a. Designated representatives of Sutter Extension Water District;
b. Designated representatives of Butte Water District
Under Negotiation: Price and terms of acquisition

The Board reconvened at 4:00 p.m. Mr. Hentschke reported the committee recommended the Board authorize the General Manager to execute a one-year water transfer agreements with Butte Water District (up to 10,600 acre-feet) and Sutter Extension Water District (up to 13,500 acre-feet) in accordance with directions given in closed session and to make appropriate environmental determinations as necessary.

V. ADJOURNMENT

There being no further business to come before the Water Planning Committee, Chair Lewinger adjourned the meeting.



FORMAL BOARD OF DIRECTORS’ MEETING OF FEBRUARY 28, 2008

1. CALL TO ORDER Chair Steiner called the Formal Board of Directors’ meeting to order at 4:05 p.m.

She announced the following item would be taken out of order.

7. PRESENTATIONS AND PUBLIC HEARINGS

7-C Presentation of Engineering and General Contractors Association’s Public Agency Partnership award by Debbie Day, Executive Director, EGCA.

Ms. Day presented the award to the Water Authority. Chair Steiner accepted the award on behalf of the Water Authority and stated the award was a clear manifestation that the Water Authority staff had taken the Business Plan outreach goal seriously to enhance the Water Authority’s image as an “agency of choice” within the construction contracting industry.

2. SALUTE TO THE FLAG Director Lewinger led the salute to the flag.

3. ROLL CALL, DETERMINATION OF QUORUM Secretary Watton called the roll. Secretary Watton called the roll. Directors present were Arant, Bowersox, Brammell, Croucher, Dailey, Ferguson, Hilliker, Hogan, Johnson, Knutson, Lewinger, Lewis, Lizzul, Martin, McMillan, Morrison, Muir, Parker, Petty, Price, Saunders, Smith, Steiner, Thompson, Tu, Watton, H. Williams, K. Williams and Wornham. Directors absent were Barrett, Bond, Craver, Linden, Quist, Pocklington, and Representative Slater-Price.

3-A Report on proxies received. Director Arant was the proxy for Director Quist.

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

5. APPROVAL OF MINUTES Director Tu moved, Director Martin seconded and the motion carried for a total of 91.23% of the vote to approve the minutes of the Special meeting of the Administrative and Finance Committee on January 17, 2008 and the Formal Board of Directors’ meeting of January 24, 2008.

6. OPPORTUNITY FOR MEMBERS OF THE PUBLIC WHO WISH TO ADDRESS THE BOARD ON MATTERS WITHIN THE BOARD’S JURISDICTION There were no members of the public that spoke.

7. PRESENTATIONS & PUBLIC HEARINGS

7-A Reappointment of Director. Reappointment of Gary Croucher, Otay Water District. Term will expire on March 3, 2014.

7-B Reappointment of Director. Reappointment of Mark Watton, Otay Water District. Term will expire on January 23, 2014.

7-D Recognition of Kathy Schuler, Employee of the Second Quarter.

Directors Croucher and Watton were reappointed and Ms. Schuler was recognized as Employees of the Second Quarter.

8. REPORTS BY CHAIRS

8-A Chair’s Report – Chair Steiner announced she had attended meetings at the Metropolitan Water District. She stated Ms. Stapleton and herself had made a presentation to the San Diego City Council Rules Committee, which was well received. She stated the Rules Committee was looking forward to receiving the upcoming Landscape Ordinance.

8-B Report by Committee Chairs

Water Planning Committee. Director Lewinger reviewed the committee meeting and all items passed. He stated an item had been added authorizing the General Manager to acquire up to 30,000 acre feet, net of carriage loss, of spot transfer water in 2008 pursuant to the drought management plan according to the Board approved parameters from the December 6, 2007 meeting. In addition, in Closed Session the Board authorized the General Manager to execute a water banking agreement in accordance with the term sheet approved on January 23, 2008 by the Board of Directors and staff of the Semitropic-Rosamond Joint Powers Authority.

Engineering and Operations Committee. Director Ferguson announced all items had passed in Committee.

Administrative and Finance Committee.
Director Wornham announced all items passed in Committee.

Imported Water Committee. Director Croucher announced the action item had passed in Committee.

Legislation, Conservation and Outreach Committee. Director Tu announced all items had passed in Committee.

Water Planning Committee. Director Lewinger announced both items had passed in Committee.

Director Morrison left the meeting at 4:15 p.m.

9. CONSENT CALENDAR

Director Muir pulled item 9-10 for discussion. Director Croucher moved, Director Tu seconded, and the motion carried at 90.45% of the vote, to approve the amended Consent Calendar. Abstentions and those voting no were listed under the item.

9-1.

Professional services contract for as-needed construction management support services.

The Board awarded a professional services contract to R.W. Beck for as-needed construction management support services to support the Capital Improvement Program projects for an amount not-to-exceed $5,000,000 or for a period of five years, whichever occurs first.

 

 

9-2.

Professional services contract for as-needed in-plant inspection support services.

The Board awarded a professional services contract to On-Site Technical Services, for as-needed in-plant inspection services to support the Capital Improvement Program projects, for an amount not-to-exceed $5,000,000 or a period of five years, whichever occurs first.

 

 

9-3.

Professional services contract with URS Corporation for damage assessment of the Alvarado Hydroelectric Facility.

The Board awarded a professional services contract to URS Corporation for an amount not-to-exceed $115,000 for damage assessment of the Alvarado Hydroelectric Facility.

 

 

9-4.

Professional services contract for tree removal and trimming.

The Board awarded a professional services contract to Tree Elements, Inc. for tree removal and trimming services through March 1, 2010 for a total not-to-exceed amount of $100,000.

 

 

9-5.

Change Order for the San Vicente Pipeline project.

The Board approved change order 40 for the interim payment of $1,005,000 to Shea-Traylor Joint Venture’s construction contract for the San Vicente Pipeline project for costs associated with the differing site condition in Reach 4 East, for a total change order increase to date of $10,230,022.

 

 

9-6.

Right of Way management issue.

The Board authorized staff to unilaterally issue conditional encroachment permits for certain pre-existing swimming pool encroachments.

 

 

9-7.

Treasurer’s report.

The Board noted and filed the monthly Treasurer’s report.

 

 

9-8.

Adopt a resolution making a declaration of official intent to reimburse certain expenditures from proceeds of future Water Authority debt obligations.

The Board adopted Resolution No. 2008-03 making a declaration of official intent to reimburse certain capital project expenditures from proceeds of future debt obligations.

 

 

9-9.

Approve a Negotiated Method of Sale for Issuance of the Series 2008A Water Revenue Certificates of Participation.

The Board approved a negotiated method of sale, rather than a competitive method of sale, for the Water Authority’s planned issuance of its Water Revenue Certificates of Participation in May 2008.

 

 

9-11.

Adopt position of Oppose on AB 983 (Ma).

The Board adopted position of Oppose on AB 983 (Ma).

 

 

9-12.

Amend professional services agreement with Mentus, Inc., to begin implementation of regional advertising and marketing plan to support Drought Management Plan communications strategy.

The Board amended the professional services agreement with Mentus, Inc., by $112,000 for a total amount not-to-exceed $162,000 to begin implementation of the regional conservation advertising and marketing plan in support of the Drought Management Plan communications strategy.

 

 

9-13.

Adopt positions of Oppose on Proposition 98 and Support on Proposition 99.

The Board adopted positions of Oppose on Proposition 98 and Support on Proposition 99.

 

 

9-14.

Agreement with the Metropolitan Water District of Southern California to provide funding through its Public Sector Recycled Water Retrofit Program.

The Board authorized the General Manager to enter into an agreement with Metropolitan Water District of Southern California for the purpose of passing through incentive funding through Metropolitan Water District’s Program to the member agencies and their respective public agency customers that are currently using potable water for irrigation purposes and will be retrofitted to use recycled water.

 

 

9-15.

Revise Local Water Supply Development Program.

The Board authorized expanding the eligibility for the Local Water Supply Development Program to include seawater desalination projects that demonstrate a financial need. The Board approved Local Water Supply Development Program GuidFunding Principles for Brackish Groundwater and SeawaterDesalination Projects.elines and

 

 

9-10.

Metropolitan Water District’s Proposed Rates and Charges for Calendar Year 2009.

Support Metropolitan Water District staff’s recommended rate Option 2, as described
in its January 8, 2008 board memo with modifications as detailed in the Board memo.
Director Muir recommended the Board delay the vote on item 9-10 and requested more information from the Metropolitan Water District Board on identifying additional cost savings measures and the impact to the operations.

Director Martin seconded this motion.

Chair Steiner clarified the motion by asking Director Muir if he intended the Delegates make this motion at Metropolitan Water District to delay their vote pending identifying additional cost savings measures and the impact to the operations. Director Muir stated yes.

Several Directors spoke in opposition to this motion. Director Wornham respectfully requested the motion be withdrawn.

Director Muir withdrew his motion, and Director Martin withdrew his second.

The Board utilized the voting machine and voted on item 9-10:

Metropolitan Water District’s Proposed Rates and Charges for Calendar Year 2009.
Support Metropolitan Water District staff’s recommended rate Option 2, as described in its January 8, 2008 board memo with modifications as detailed in the Board memo.

The Board utilized the voting machine and the voted carried at 76.88% of the vote.

Those voting aye were: Arant, Bowersox, Brammell, Croucher, Dailey, Ferguson, Hogan, Howard Williams, Johnson, Ken Williams, Knutson, Lewis, Lizzul, McMillan, Parker, Price, Quist (p), Saunders, Smith, Steiner, Thompson, Tu, Watton, and Wornham.

Those opposed were: Hilliker, Lewinger, Martin, Muir, and Petty representing 15.11% of the vote. The remaining 8.01% of the vote were not cast.

 

 

10. ACTION/DISCUSSION
There were no items under this category.

11. CLOSED SESSIONS:

11-A  CLOSED SESSION:
Conference with Legal Counsel – Existing Litigation
Government Code §54956.9(a) – Differing Site Condition and Multiple Shift
Pay Disputes

 

11-B CLOSED SESSION:
Conference with Legal Counsel – Potential Litigation
Government Code §54956.9(b) – Capacity Charge Refund Claim

 

11-C  CLOSED SESSION:
Conference with Legal Counsel – Existing Litigation
Government Code §54956.9(a)
Name of Case: IID/SDCWA Transfer (Price Reset)

 

11-D  CLOSED SESSION:
Conference with Legal Counsel – Existing Litigation
Government 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:
a. Sutter Extension Water District – water
b. Butte Water District – water
Agency Negotiators: Daniel Hentschke, Dennis Cushman, Gordon Hess, Debbie Espe
Negotiating Parties:
a. Designated representatives of Sutter Extension Water District;
b. Designated representatives of Butte Water District
Under Negotiation: Price and terms of acquisition

 

11-F  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-G  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

 
General Counsel Hentschke announced a vote was required for item 11-E as reported out of Closed Session from the Water Planning committee.

Water Transfer Agreements.

The Board authorized the General Manager to execute one-year water transfer agreements with Butte Water District (up to 10,600 AF) and Sutter Extension Water District (up to 13,500 AF) in accordance with direction given in closed session, and make appropriate environmental determinations as necessary.

Director Wornham moved, Director Saunders seconded and the motion carried at 90.45% of the vote.

At 4:15 p.m. Mr. Hentschke took the Board into Closed Session on items 11-F and 11-G.

At 4:50 p.m. the Board came out of Closed Session and Chair Steiner stated there was no reportable action.

12. SPECIAL REPORTS

12-A GENERAL MANAGER’S REPORT – No report was given.

12-B GENERAL COUNSEL’S REPORT – No report was given.

12-C ACWA-JPIA REPORT – Director Linden. No report was given.

12-D SANDAG REPORT – Director Dailey stated a complete report had been received on their “Vision for Lindberg Field” short-term and long-term.

SANDAG Subcommittee: Borders/Regional Planning Committee –
Director Williams – No report was given.

12-E AB 1234 COMPLIANCE REPORTS – No reports were provided.

13. OTHER COMMUNICATIONS

14. ADJOURNMENT There being no further business to come before the Board, Chair Steiner adjourned the meeting at 4:55 p.m.



_______________________________
Fern M. Steiner
Chair

_______________________________
Mark W. Watton
Secretary

_______________________________
Doria F. Lore, Clerk of the Board