MINUTES OF THE FORMAL BOARD OF DIRECTORS' MEETING
April 23, 2009
IMPORTED WATER COMMITTEE
CALL TO ORDER/ROLL CALL
Chair McMillan called the Imported Water Committee to order at 9:00 a.m. Committee members present were Directors Croucher, Knutson, Lewinger, Linden, Martin, McIntosh, Petty, Price, Saxod, Tu, and Wight. Directors Bond and Parker were absent. Also present were Directors Arant, Barrett, Bowersox, Dailey, Dion, Ferguson, Hogan, Jungreis, Johnson, Pocklington, Smith, Steiner, Watton, H. Williams, K. 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
Mayor Jim Wood from Oceanside addressed the committee regarding an item on the Engineering and Operations Committee agenda, “Consider request by Director Martin for the Board to authorize a letter to the Regional Water Quality Control Board opposing issuance of a permit for the proposed Gregory Canyon Landfill.” He stated his opposition to the proposed landfill.
CHAIR'S REPORT
Chair McMillan stated that the Department of Water Resources increased the allocation of 2009 State Water Project water for long-term contractors from 20 percent to 30 percent, based on water precipitation and current water supply conditions. He noted that the All-American Canal Lining dedication event was scheduled for April 30.
4-A Director’s comments.
There were no Director’s comments.
I. CONSENT CALENDAR
There were no items on the consent calendar.
II. ACTION/DISCUSSION
1. Imported Water Committee’s Goals for 2009 and 2010.
Imported Water Committee Chair and Vice Chairs’ recommendation:
Adopt the Imported Water Committee’s Goals for 2009 and 2010.
Director Petty moved to adopt the recommendation, Director Knutson seconded, and the motion passed unanimously.
2. MWD Issues and Activities update.
2-A Metropolitan Water District’s Delegates report.
The delegates discussed the MWD board’s recent activities including the
approval of the proposed fiscal year 2009/10 budget and adoption of rates and charges; the approval to implement MWD’s Water Supply Allocation Plan and declare Regional Shortage Level 2; MWD’s legislative activities; and MWD’s water quality monitoring program.
3. Colorado River Programs.
3-A Colorado River Board representative’s report.
Director Knutson stated that the runoff on the Colorado River was forecast at 87 percent, and the total basin storage was 54 percent. He discussed the seven basin states’ binational process activities and provided background history on the Colorado River Board.
3-B Colorado River Programs Quarterly report.
Ms. Razak reported on the recent activities of the canal lining projects, the IID
water transfer, and the seven basin states binational process. She gave a summary on a potential “C2” water transfer, which was a QSA provision for the potential of additional transfer water from the Imperial Valley.
III. INFORMATION
The following information items were noted and filed:
- Bay-Delta Quarterly update.
- Metropolitan Water District Program report.
- Metropolitan Water District of Southern California’s State Water Project
supplies.
IV. CLOSED SESSION
There were no Closed Session items.
V. ADJOURNMENT
There being no further business to come before the Imported Water Committee,
Chair McMillan adjourned the meeting at 9:44 a.m.
LEGISLATION, CONSERVATION AND OUTREACH COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Dailey called the Legislation, Conservation and Outreach Committee to order at 9:46 a.m. Committee members present were Chair Dailey, Vice Chair Saxod, Directors Arant, Croucher, Dion, Johnson, Hilliker, Jungreis, Muir, Tu, Watton, H. Williams, and K. Williams. Committee member absent was Vice Chair Morrison. Also present were Directors Barrett, Bowersox, Ferguson, Hogan, Knutson, Lewinger, Lewis, Linden, Martin, McIntosh, McMillan, Petty, Pocklington, Price, Smith, Steiner, Wight, 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, Assistant General Manager Cushman, Director of Public Affairs Foster, Public Affairs Manager Vedder, Water Conservation Executive Rose, and Government Affairs Manager Volberg.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the Committee.
CHAIR'S REPORT
Chair Dailey announced that the All-American Canal dedication was being held on Thursday, April 30.
Chair Dailey thanked Directors Johnson and Morrison for serving as judges for the science fair awards, Director Morrison for representing the Water Authority at the Stand For Less news conference and for judging the Lions Club speech contest, and Directors Wight and Hogan for volunteering for speaking engagements in April.
Chair Dailey announced that online registration was now open for the Water Conservation Summit scheduled for June 2, 2009, at Cuyamaca College and the Water Conservation Garden.
DIRECTORS' COMMENTS
There were no Director’s comments.
I. CONSENT CALENDAR
1. Professional services contract with the San Diego Contracting Opportunity Center to conduct small-business skills training for the Small Contractor Outreach and Opportunities Program.
Staff recommendation: Authorize the General Manager to enter into a professional services contract with the San Diego Contracting Opportunity Center for professional services to conduct small-business skills training for a not-to-exceed amount of $225,000 and a contract term of up to three years.
Director Johnson moved, Director Croucher seconded, and the motion passed unanimously to approve the consent calendar.
ACTION/DISCUSSION
1. Legislation, Conservation and Outreach Committee’s Goals for 2009 and 2010.
Legislation, Conservation and Outreach Committee Chair and Vice Chairs’ recommendation: Adopt the Legislation, Conservation and Outreach Committee’s Goals for 2009 and 2010.
Director Saxod requested the following addition: Develop a program to engage member agencies in legislative alert campaigns. (July 2009).
Director Saxod moved, Director Johnson seconded, and the motion passed unanimously to adopt the Legislation, Conservation and Outreach Committee’s goals for 2009 and 2010, with the following additions: Develop a program to engage member agencies in legislative alert campaigns. (July 2009)
2. Legislative Issues.
2-A Report by Carpi and Clay.
Legislative Advocate K. Carpi reported on issues in Washington, D.C. and Sacramento.
2-B Adopt positions of:
AB 900 (De Leon) – Support
AB 1408 (Krekorian) – Support, if amended
SB 565 (Pavley) – Oppose, unless amended
ACA 9 (Huffman) – Support, if amended
Staff recommendation: Adopt positions of: Support on AB 900 (De Leon);
Support, if amended, on AB 1408 (Krekorian); Oppose, unless amended, on SB 565 (Pavley); Support, if amended, on ACA 9 (Huffman).
Director Arant moved, Director Dion seconded, and the motion passed unanimously to approve the staff recommendation.
Director Steiner asked for notification of any legislation of which Water Authority staff is seeking changes, which had not come before the Board. Ms. Stapleton said any such bills would be noted in Board reports.
3. Drought Management Communications.
3-A Regional Drought Management and Conservation Communications update.
Ms. Vedder presented an update on the status of the conservation communications outreach campaign, including Earth Day activities and 20gallonchallenge.com website visits. Education Programs Supervisor Golakoff showed a portion of the education video produced for the schools and provided details of its distribution in San Diego County.
Director Tu asked about showing the video on Channel 4. Mr. Foster stated he would contact Cox Communications and discuss a possible partnership. Director Jungreis stated he wanted a copy of the video for airing on Camp Pendleton television.
3-B Presentation by Patty Bevers, Water Resources Specialist, Ramona Municipal Water District, on drought conservation plans.
Ms. Bevers provided a presentation on Ramona Municipal Water District’s location, service region, services provided, programs available, and outreach activities.
III. INFORMATION
1. Public Opinion Poll findings.
Media Relations Officer Liarakos introduced Dr. Richard A. Parker, Ph.D. Dr. Parker provided an overview of the results of the public opinion poll findings, including sample characteristics, issues of importance to San Diego residents, perception of water reliability, messages to conserve water are increasingly being seen and heard, public willingness to enhance water reliability, attitudes toward water rates, conservation, and to ensure safe and reliable water supply, and the conclusions.
2. Water Conservation Garden report.
Director Bowersox reported that the budget for the garden would be presented at the May Board meeting for adoption, the number of visitors to the garden has increased, the Garden Festival would take place on April 25, 2009 and The Garden Sprinkler newsletter was distributed to each Board member.
The following items were received and filed:
3. Status report on legislation and legislative positions.
4. Government relations update.
5. Public Affairs outreach activities for the month of March 2009.
IV. ADJOURNMENT
There being no further business to come before the Legislation, Conservation and Outreach Committee, Chair Dailey adjourned the meeting at 11:08 a.m.
ENGINEERING AND OPERATIONS COMMITTEE
CALL TO ORDER / ROLL CALL
Chair Arant called the Engineering and Operations Committee to order at 11:12 a.m. Committee members present were Chair Arant, Vice Chairs Johnson and Smith, Directors Barrett, Bowersox, Ferguson, Hogan, Jungreis, Knutson, McIntosh, Pocklington, and Wornham. Director Morrison arrived at 11:36 a.m. Director Saunders was absent. Other Board members present were Directors Dailey, Lewinger, Linden, Martin, Muir, Petty, Price, Saxod, Watton, Wight and Slater-Price. Directors Croucher, Dion, Hilliker, Lewis, Steiner and K. Williams arrived after 11:20 a.m. 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, Assistant General Manager Cushman Director of Engineering Stift, Director of Operations and Maintenance Eaton, Acting Director of Right of Way Busch, Water Conservation Program Executive Rose, Construction Manager Kenny, Construction Manager Griffis, and Engineering Manager Bousquet.
ADDITIONS TO AGENDA
Chair Arant announced that Action Discussion agenda item II-4. Consider request by Director Martin for the Board to authorize a letter to the Regional Water Quality Control Board opposing issuance of a permit for the proposed Gregory Canyon Landfill, would be moved to directly follow the Chair’s Report.
PUBLIC COMMENT
Chair Arant announced that he received notice that nine speakers requested to address the Committee, and they would speak during the specific agenda items related to their issues.
CHAIR'S REPORT
Chair Arant reported on the Annual Engineering and Operations Committee Inspection Tour on April 16, 2009.
II. ACTION/DISCUSSION
4. Consider request by Director Martin for the Board to authorize a letter to the Regional Water Quality Control Board opposing issuance of a permit for the proposed Gregory Canyon Landfill.
Director Martin addressed the Committee on the issue and referred to information found on pages 298 through 301 in the Board packet. He provided some background information and requested that the Water Authority Board send a letter under the Chair’s signature to the Regional Water Quality Control Board voicing the Board’s concerns about issuing a discharge permit for the proposed Gregory Canyon Landfill and any other future proposed landfill that poses the slightest chance of contaminating an existing or viable water resource, stating that we owe this to our region and our customers now and into the future.
Director Hogan made a motion, and upon further discussion, the modified motion was to authorize the Water Authority to send a letter to the San Diego Regional Water Quality Control Board asking them to include any conditions necessary to address the concerns that were raised by the San Diego County Water Authority in 1999 during the EIR process for the Gregory Canyon Landfill, that leakage from the landfill could adversely impact vitally important groundwater supplies in the aquifer. The letter should further urge the Regional Board to carefully and closely evaluate any conditions necessary to address the negative water quality impacts that could occur to regional drinking water supplies from landfill leakage in considering the issuance of a Waste Discharge Permit for the project.
Vice Chair Johnson seconded the motion, Chair Arant held the action to allow Public and Director Comments.
Director’s comments: Directors Lewinger, Muir, Petty, Steiner, Pocklington, Hogan, and Representative Slater-Price addressed the Committee regarding the issue.
The following members of the public made comments:
1. Richard Chase, Solana Beach, CA
2. Everett Delano, Escondido, CA on behalf of RiverWatch
3. George Courser, San Diego, CA
4. Sheila M. Walson, Bonsall, CA
5. Walter Rusinek, San Diego, CA on behalf of the Pala Band of Mission Indians
6. Edward Kimura, San Diego, CA on behalf of the San Diego Chapter of the Sierra Club
7. Randy Hill, CH2MHILL, San Diego, CA on behalf of the Gregory Canyon Limited
Following further comments from the Committee and Board members, the modified motion passed unanimously.
II. CONSENT CALENDAR
1. Notice of Completion for Pipeline 4 Urgent Relining under San Diego River.
Staff recommendation:
a) Accept pre-procurement contract as complete, record the Notice of Completion, and release all funds held in retention to Ameron.
b) Authorize General Manager to accept construction work 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.
2. Notice of Completion for the San Vicente Reservoir Interconnect Pipeline project.
Staff recommendation: Authorize the General Manager to accept the San Vicente Reservoir Interconnect Pipeline project as complete, record the Notice of Completion, and release funds held in retention to Erreca’s Inc., following the expiration of the notice of completion period.
3. Change orders for Shea-Traylor Joint Venture for the ESP – San Vicente Pipeline and Aqueduct Interconnect project.
Staff recommendation: Accept Change Orders 52 through 55, 57, and 58 for a credit in the amount of $1,138,894 and approve Change Order 60 for the Reach 1 differing site condition cost impact undisputed amount of $1,562,406, increasing the construction contract amount from $198,366,900 to $219,698,040.
4. Change Orders to Archer Western for the ESP – Lake Hodges Pump Station and Inlet/Outlet project.
Staff recommendation: Accept Change Orders 19, 21, and 22 for $372,738 increasing the construction contract amount from $62,980,905 to $63,353,643.
Director Knutson moved to approve the consent calendar, Director Ferguson seconded and the motion passed unanimously.
II. ACTION/DISCUSSION
1. Engineering and Operations Committee’s Goals for 2009 and 2010.
Engineering and Operations Committee Chair and Vice Chairs’ recommendation: Adopt the Engineering and Operations Committee’s Goals for 2009 and 2010.
Vice Chair Johnson made a motion to adopt the goals, Vice Chair Smith seconded and the motion passed unanimously.
2. Construction contract for the Package 2 – San Vicente Foundation preparatory and access road work.
Staff recommendation: Reject all bids and re-advertise the foundation preparatory portion of the project using a 14 calendar-day bid duration.
Mr. Belock gave a PowerPoint presentation, which included information on the bid results, bid evaluation, bid protests, the impacts of the observation of the Quino Checkerspot butterfly, conclusions, options, and staff recommendation.
Director Ferguson moved to accept staff’s recommendation; Vice Chair Johnson seconded. Chair Arant held the action to allow for public comment.
Public Comments:
1. Greg LeBlanc, Oceanside, CA on behalf of Sukut Construction
2. John Shemwell, Poway, CA, Estimator for Kiewit Pacific
Following public comments and further discussion the motion passed unanimously.
3. Change orders for Kiewit Pacific Company for the San Vicente Pumping Facilities project.
Staff recommendation: Accept Change Orders 19 through 21 for $298,262 increasing the construction contract from $69,454,795 to $69,753,057.
Director Pocklington moved to accept staff’s recommendation, Vice Chair Smith seconded, and the motion passed unanimously.
III. INFORMATION
There were no Information items.
IV. CLOSED SESSION
There were no Closed Session items.
IV. ADJOURNMENT
There being no further business to come before the Engineering and Operations Committee, Chair Arant adjourned the meeting at 12:22 p.m.
ADMINISTRATIVE AND FINANCE COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Williams called the Administrative and Finance Committee meeting to order at 1:10 p.m. Committee members present were Chair K. Williams, Vice Chairs Hogan and Price, Directors Bond, Bowersox, Dion, Hilliker, Lewis, Pocklington, Smith, Steiner*, Wight, H. Williams, and Wornham. There were no committee members absent. Also present were Directors Arant, Barrett, Dailey, Johnson, Lewinger, Linden, Martin, McIntosh, McMillan, Muir, Petty, Saunders, Saxod, and Tu. 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 Lanspery and Belock, Assistant General Manager Cushman, Director of Finance/Treasurer Sandler, Director of Administrative Services Young, Director of Human Resources Leone, and Controller Wade.
* Director Steiner joined the meeting at 1:11 p.m.
ADDITIONS TO THE AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the committee.
CHAIR'S REPORT
There was no Chair’s report.
DIRECTOR'S COMMENTS
There were no Director's Comments.
I. CONSENT CALENDAR
1. Treasurer’s report.
Staff recommendation: Note and file monthly Treasurer’s report.
2. Professional services contract extension for auditing and agreed-upon procedures with Lance, Soll & Lunghard, LLP for two additional years at a cost of $294,800 for a not-to-exceed amount of $737,110.
Staff recommendation: Authorize the General Manager to extend an existing professional services contract with Lance, Soll & Lunghard for a two-year period from June 1, 2009 through May 31, 2011, and to increase the contract by $294,800 for a not-to-exceed amount of $737,110 to provide the Water Authority and QSA JPA with independent audits and agreed-upon procedures and services.
3. Resolution authorizing amendment of the existing 457 Deferred Compensation Plan to include a loan program.
Staff recommendation: Adopt Resolution No. 2009-06 to approve an amendment to the Water Authority’s 457 Deferred Compensation Plan.
4. Applications for grand funding under the Bureau of Reclamation Challenge Grant Program: Recovery Act of 2009.
Staff recommendation: Adopt Resolution No. 2009-07 authorizing and directing the General Manager to apply for Recovery Act grant funding and to commit the Water Authority to the financial and legal obligations associated with the receipt of grant funds.
Director Wornham moved, seconded by Vice Chair Hogan, and the motion passed unanimously to approve the consent calendar.
II. ACTION/DISCUSSION
Administrative and Finance Committee’s Goals for 2009 and 2010.
Staff recommendation: Adopt the Administrative and Finance Committee’s Goals for 2009 and 2010.
Director Smith moved, seconded by Vice Chair Price, and the motion passed unanimously to approve the item.
III. INFORMATION
The following items were received and filed:
1. Board of Director’s first quarter 2009 payments and attendance.
2. Controller’s report on monthly financial statements.
3. Board calendar.
Mr. Hentschke took the Board into closed session at 1:30 p.m.
IV. CLOSED SESSION
1. CLOSED SESSION:
Conference with Labor Negotiator
Government Code §54957.6
Agency Designated Representatives: Paul Lanspery, Celia Brewer, Susan Leone
Employee Negotiator: California Teamsters, Public, Professional and Medical Employees Union Local 911
The Administrative and Finance Committee reconvened at 1:39 p.m. Mr. Hentschke announced there were no reportable actions taken during the closed session.
V. ADJOURNMENT
There being no further business to come before the Administrative and Finance Committee, Chair Williams adjourned the meeting at 1:40 p.m.
WATER PLANNING COMMITTEE
CALL TO ORDER / ROLL CALL
Chair Saunders called the meeting to order at 1:45p.m. Committee members present were Vice Chairs Ferguson and Petty, Directors Barrett, Dailey, Lewinger, Lewis, Linden, Martin, McMillan, Muir, Steiner, and Watton. Committee member Parker was absent. Also present were Directors Arrant, Bond, Bowersox, Dion, Hogan, Jungreis, Johnson, McIntosh, Pocklington, Price, Saxod, Smith, Tu, Wight, 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, Assistant General Manager Cushman, Director of Water Resources Weinberg, Water Resources 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 Saunders stated that the committee had a very lengthy and important agenda centered around drought management.
Last year the Board approved a program to help member agencies develop the industrial market for recycled water. Last week the Water Authority sponsored a workshop along with the Industrial Environmental Association, Biocomm, and Biosite. Staff from Carlsbad, city of San Diego, Otay Water District, and Padre Dam MWD also participated.
Biosite, the company that hosted the workshop, had been receiving technical assistance from the Water Authority program. They would connect to the reclaimed water system for its cooling towers, and would save 46-acre feet per year. Congratulations to Biosite and thanks for hosting the event.
DIRECTOR'S COMMENTS
There were no Director’s comments.
I. CONSENT CALENDAR
There were no items on the consent calendar.
II. ACTION/DISCUSSION
1. Water Planning Committee’s Goals for 2009 and 2010.
Water Planning Committee Chair and Vice Chairs’ recommendation:
Adopt the Water Planning Committee’s Goals for 2009 and 2010.
Vice Chair Ferguson moved to adopt the Water Planning Committee’s Goals for 2009 and 2010, Vice Chair Petty seconded, and the motion passed unanimously.
2. Drought Management Planning.
2-A Fiscal year 2010 available core supplies.
Mr. Weinberg reviewed the agenda before the Committee and the importance of the decisions regarding Drought Management.
Mr. Yamada reviewed the fiscal year 2010 Regional Water Municipal and Industrial (M&I) supplies, status of MWD core supplies and estimated MWD total supply, and April 14, 2009 MWD Board action. He then summarized the fiscal year 2010 IAWP supplies, MWD’s M&I shortage allocation and M&I allocation to the Water Authority. He also reviewed the fiscal year 2010 estimated M&I supply and regional water demand.
2-B Approval of shortage management actions in response to supply
cutbacks from Metropolitan Water District in fiscal year 2010.
Staff recommendation: In response to municipal and industrial supply cutbacks from the Metropolitan Water District in fiscal year 2010 and a need to manage dry-year supplies for future years, staff recommends:
1. Utilizing dry-year transfers acquired in calendar year 2009, estimated at 16,000 acre-feet;
2. Not withdrawing dry-year supplies from carryover storage until fiscal year 2011;
3. Declaring Level 2, “Drought Alert” condition, consistent with the Water Authority’s Model Drought Response Conservation Program Ordinance.
Ms. Friehauf presented to the Committee shortage management actions and key policy considerations, declaration of Level 2 Mandatory water-use restrictions, dry-year supplies, and fiscal year 2010 supply outlook. She reviewed the background of the Water Authority’s Model Ordinance and gave a brief update on the Member Agencies’ Model Ordinances.
Following her presentation, directors discussed not utilizing the dry-year transfers. Director Lewinger expressed concerns regarding financial investments the Water Authority had made in the acquisition of dry-year supplies. Ms. Stapleton stated that staff would research the cost of 2009 dry-year transfers and would report to the committee at a later date.
Ms. Stapleton suggested the Committee vote on item 1 of the staff recommendation as a separate item.
Director Muir moved to approve items 2 and 3 of the staff recommendation (2) not withdrawing dry-year supplies from carry-over storage until FY 2011; and (3) Declaring Level 2, “Drought Alert” condition, consistent with the Water Authority’s Model Drought Response Conservation Program Ordinance. Vice Chair Petty seconded and the motion passed unanimously.
Director Muir moved to approve item 1 of the staff recommendation utilizing dry-year transfers acquired in calendar year 2009, estimated at 16,000 acre-feet, Vice Chair Petty seconded and the motion passed. Directors Barrett, Martin, Saunders, Steiner, and Watton voted no.
2-C Approve Municipal and Industrial and Special Agricultural Water Rate Supply allocations for fiscal year 2010.
1. Implement Stage 3 of the Drought Management Plan (Mandatory Cutbacks)
2. Approve M&I allocation percentages for fiscal year 2010 as shown in Table 1 of this memo; and
3. Approve Special Agricultural Water Rate allocations to member agencies based on the final Water Authority M&I shortage percentages level derived from MWD’s Water Supply Allocation Plan.
Mr. Weinberg summarized the member agency water supply allocations for M&I and SAWR for fiscal year 2010.
Director Steiner moved to approve the staff recommendation to implement Stage 3 of the Drought Management Plan (Mandatory Cutbacks); Approve M&I allocation percentages for fiscal year 2010; and approve Special Agricultural Water Rate allocations to member agencies based on the final Water Authority M&I shortage percentages level derived from MWD’s Water Supply. Vice Chair Ferguson seconded and the motion passed unanimously.
III. INFORMATION
1. Water Resources Report.
The Water Resources Report was received and filed.
Mr. Hentschke stated due to time constraints the Closed Sessions would be held during the Formal Board meeting.
IV. CLOSED SESSION
1. CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: South Feather Water and Power Agency - approximately 10,000 acre feet of stored water
Agency Negotiators: Daniel Hentschke, Dennis Cushman
Negotiating Parties: Designated representatives of South Feather Water and Power Agency
Under Negotiation: Price and terms of acquisition
2. CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Chino Basin Watermaster - water under control of Chino Basin
Watermaster
Agency Negotiators: Daniel Hentschke, Dennis Cushman
Negotiating Parties: Designated representatives of Chino Basin Watermaster
Under Negotiation: Price and terms of acquisition
3. CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Cadiz, Inc. – water and water storage of the Cadiz Valley
Groundwater Supply Water Storage Project
Agency Negotiators: Daniel Hentschke, Dennis Cushman
Negotiating Parties: Designated representatives of Cadiz, Inc.
Under Negotiation: Price and terms of acquisition
V. ADJOURNMENT
There being no further business to come before the Water Planning Committee, Chair Saunders adjourned the meeting at 3:25 p.m.
FORMAL BOARD OF DIRECTORS' MEETING OF APRIL 23, 2009
1. CALL TO ORDER Chair Lewis called the Formal Board of Directors’
meeting to order at 3:30 p.m.
2. SALUTE TO THE FLAG Director Johnson led the salute to the flag.
3. ROLL CALL, DETERMINATION OF QUORUM
Secretary Wornham called the roll. Directors present were Arant, Barrett, Bond, Bowersox, Dailey, Dion, Ferguson, Hilliker, Hogan, Johnson, Jungreis, Lewinger, Lewis, Linden, Martin, McIntosh, McMillan, Morrison, Muir, Petty, Pocklington, Price, Saunders, Saxod, Smith, Steiner, Tu, Watton, Wight, H. Williams, and K. Williams, Wornham and Representative Slater-Price. Directors absent were Croucher, Knutson, and Parker.
3-A Report on proxies received. Director Watton was the proxy for Director Croucher.
4. ADDITIONS TO AGENDA There were no additions to the agenda.
5. APPROVAL OF MINUTES Director Johnson moved, Director Petty seconded and the motion carried for a total of 99.64% of the vote to approve the minutes of the SCOOP meeting of March 11, 2009 and the Formal Board of Directors’ meeting of March 26, 2009.
6. OPPORTUNITY FOR MEMBERS OF THE PUBLIC WHO WISH TO ADDRESS
THE BOARD ON MATTERS WITHIN THE BOARD'S JURISDICTION
Chair Lewis announced several speaker slips were turned in and the speakers would be
called to speak when the item was addressed.
7. PRESENTATIONS AND PUBLIC HEARINGS
7-A Presentation of Science Fair award winners.
Ivan Golakoff, Education Programs Supervisor introduced the Science Fair award winners who provided a brief description of their projects.
In addition, Mr. Golakoff announced that the Water Authority’s first place winner from last year won both the state and national finals and was awarded a $100,000 scholarship.
8. REPORTS BY CHAIRS
8-A Chair's Report- Chair Lewis reminded the Board of the upcoming dedication ceremony of the All-American Canal Lining project.
8-B Report by Committee Chairs.
Imported Water Committee. Director McMillan reviewed the committee meeting and the action taken.
Legislation, Conservation and Outreach Committee. Chair Dailey reviewed
the committee meeting and actions taken.
Engineering and Operations Committee. Director Arant reviewed the committee meeting and actions taken.
Administrative and Finance Committee. Director K. Williams
reviewed the committee meeting and actions taken.
Water Planning Committee. Director Saunders reviewed the committee meeting and the actions taken.
9. CONSENT CALENDAR
Chair Lewis pulled items 9-12 and 9-19. He requested approval of the modified consent calendar that excluded items 9-12 and 9-19. Director Arant moved, Director Ferguson seconded and the motion carried at 99.64% of the vote to approve the amended consent calendar.
9-1. |
Imported Water Committee’s Goals for 2009 and 2010.
The Board adopted the Imported Water Committee’s Goals for 2009 and 2010.
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9-2. |
Professional services contract with the San Diego Contracting Opportunity Center to conduct small-business skills training for the Small Contractor Outreach and Opportunities Program.
The Board authorized the General Manager to enter into a professional services contract with the San Diego Contracting Opportunity Center for professional services to conduct small-business skills training for a not-to-exceed amount of $225,000 and a contract term of up to three years.
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9-3. |
Legislation, Conservation and Outreach Committee’s Goals for 2009 and 2010.
The Board adopted the Legislation, Conservation and Outreach Committee’s Goals for 2009 and 2010, with the following addition: Develop a program to engage member agencies in legislative alert campaigns. (July 2009)
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9-4. |
Adopt positions of:
AB 900 (De Leon) – Support
AB 1408 (Krekorian) – Support, if amended
SB 565 (Pavley) – Oppose, unless amended
ACA 9 (Huffman) – Support, if amended
The Board adopted positions of: Support on AB 900 (De Leon); Support, if amended, on AB 1408 (Krekorian); Oppose, unless amended, on SB 565 (Pavley); Support, if amended, on ACA 9 (Huffman).
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9-5. |
Notice of Completion for Pipeline 4 Urgent Relining under San Diego River.
The Board authorized the General Manager to accept the pre-procurement contract as complete, record the Notice of Completion, and release all funds held in retention to Ameron. The Board authorized the General Manager to accept construction work 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.
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9-6. |
Notice of Completion for the San Vicente Reservoir Interconnect Pipeline project.
The Board authorized the General Manager to accept the San Vicente Reservoir Interconnect Pipeline project as complete, record the Notice of Completion, and release funds held in retention to Erreca’s Inc., following the expiration of the notice of completion period.
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9-7. |
Change orders for Shea-Traylor Joint Venture for the ESP – San Vicente Pipeline and Aqueduct Interconnect project.
The Board authorized the General Manager to accept Change Orders 52 through 55, 57, and 58 for a credit in the amount of $1,138,894 and approve Change Order 60 for the Reach 1 differing site condition cost impact undisputed amount of $1,562,406, increasing the construction contract amount from $198,366,900 to $219,698,040.
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9-8. |
Change Orders to Archer Western for the ESP – Lake Hodges Pump Station and Inlet/Outlet project.
The Board authorized the General Manager to accept Change Orders 19, 21, and 22 for $372,738 increasing the construction contract amount from $62,980,905 to $63,353,643.
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9-9. |
Engineering and Operations Committee’s Goals for 2009 and 2010.
The Board adopted the Engineering and Operations Committee’s Goals for 2009 and 2010.
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9-10. |
Construction contract for the Package 2 – San Vicente Foundation preparatory and access road work.
The Board authorized rejecting all bids and re-advertising the foundation
preparatory portion of the project using a 14 calendar-day bid duration.
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9-11. |
Change orders for Kiewit Pacific Company for the San Vicente Pumping Facilities
project.
The Board authorized the General Manager to accept Change Orders 19 through 21 for $298,262 increasing the construction contract from $69,454,795 to $69,753,057.
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| 9-13. |
Treasurer’s report.
The Board noted and filed the monthly Treasurer’s report.
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| 9-14. |
Professional services contract extension for auditing and agreed- upon procedures with Lance, Soll & Lunghard, LLP for two additional years at a cost of $294,800 for a not-to-exceed amount of $737,110.
The Board authorized the General Manager to extend an existing professional services contract with Lance, Soll & Lunghard for a two-year period from June 1, 2009 through May 31, 2011, and to increase the contract by $294,800 for a not-to-exceed amount of $737,110 to provide the Water Authority and QSA JPA with independent audits and agreed-upon procedures and services.
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| 9-15. |
Resolution authorizing amendment of the existing 457 Deferred Compensation Plan to include a loan program.
The Board adopted Resolution No. 2009-06 approving an amendment to the Water Authority’s 457 Deferred Compensation Plan.
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| 9-16. |
Applications for grant funding under the Bureau of Reclamation Challenge Grant Program: Recovery Act of 2009.
The Board adopted Resolution 2009-07 authorizing and directing the General Manager to apply for Recovery Act grant funding and to commit the Water Authority to the financial and legal obligations associated with the receipt of grant funds.
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| 9-17. |
Administrative and Finance Committee’s Goals for 2009 and 2010.
The Board adopted the Administrative and Finance Committee’s Goals for 2009 and 2010.
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| 9-18. |
Water Planning Committee’s Goals for 2009 and 2010.
The Board adopted the Water Planning Committee’s Goals for 2009 and 2010.
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| 9-20. |
Municipal and Industrial and Special Agricultural Water Rate Supply Allocations for fiscal year 2010.
The Board authorized:
1. Implement Stage 3 of the Drought Management Plan (Mandatory Cutbacks);
2. Approve M&I allocation percentages for fiscal year 2010;
3. Approve Special Agricultural Water Rate allocations to member agencies based on the final Water Authority M&I shortage percentages level derived from MWD’s Water Supply Allocation Plan.
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At 3:55 p.m. Director Hilliker left the meeting. Director Linden was the proxy for
Director Hilliker.
Chair Lewis introduced the following public speakers who spoke on item 9-12:
1. Mr. Edward Kimura of San Diego, CA
2. Mr. Richard Chase of Solana Beach, CA
3. Mr. Walter Rusinek of San Diego, CA
4. Ms. Lesa Heebner of Solana Beach, CA
5. Mr. Edward DeLano of Escondido, CA
6. Mr. George Courser of San Diego, CA
7. Mr. Gerald Walton of Bonsall, CA
Representative Slater-Price reviewed the history of the County of San Diego’s position on the Gregory Canyon landfill. She stated the only action that had been taken by the County
Board of Supervisors was to approve the ballot language allowing the initiative to be
placed on the ballot. She further stated the County Board of Supervisors had never taken
any action approving the Gregory Canyon Landfill.
Director Petty made a motion that would add language to oppose the permit in the
letter. Mr. Hentschke stated any motion that differed from the Committee’s recommendation
would have to be referred back to the Committee. Chair Lewis called for a second. No second was made.
Director Ferguson moved the original motion, Watton seconded and the Board utilized the voting machine. The vote passed at 95.32%. Director Petty voted no. Director Jungreis abstained.
9-12. |
Consider request by Director Martin for the Board to authorize a letter to the
Regional Water Quality Control Board opposing issuance of a permit for the
proposed Gregory Canyon Landfill.
The Board authorized the Water Authority to send a letter to the San Diego Regional
Water Quality Control Board asking them to include any conditions necessary to address
the concerns that were raised by the San Diego County Water Authority in 1999, during
the EIR process, for Gregory Canyon Landfill, that leakage from the landfill could
adversely impact vitally important groundwater supplies in the aquifer.
The letter should further urge the Regional Board to carefully and closely evaluate
any conditions necessary to address the negative water quality impacts that could
occur to regional drinking water supplies from landfill leakage in considering
the issuance of a Waste Discharge Permit for the project.
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Director Wornham moved to approve the committee’s recommendation on item 9-19,
Director Ferguson seconded and the motion carried at 99.64%. Director Knutson was absent
representing .36% of the vote not cast.
9-19 |
Approval of shortage management actions in response to supply cutbacks from Metropolitan Water District in fiscal year 2010.
The Board authorized:
1. Utilizing dry-year transfers acquired in calendar year 2009, estimated at 16,000 acre-feet;
2. Not withdrawing dry-year supplies from carry-over storage until FY
2011;
3. Declaring Level 2, “Drought Alert” condition, consistent with the Water
Authority’s Model Drought Response Conservation Program Ordinance.
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10. ACTION/DISCUSSION
There were no items under Action/Discussion.
11. CLOSED SESSIONS:
11-A |
CLOSED SESSION:
Conference with Labor Negotiator
Government Code §54957.6
Agency Designated Representatives: Paul Lanspery,
Celia Brewer, Susan Leone
Employee Negotiator: California Teamsters, Public, Professional and Medical
Employees Union Local 911
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11-B |
CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: South Feather Water and Power Agency – approximately 10,000 acre feet of stored water
Agency Negotiators: Daniel Hentschke, Dennis Cushman
Negotiating Parties: Designated representatives of South Feather Water and Power Agency
Under Negotiation: Price and terms of acquisition
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11-C |
CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Chino Basin Watermaster- water under control of Chino Basin Watermaster
Agency Negotiators: Daniel Hentschke, Dennis Cushman
Negotiating Parties: Designated representatives of Chino Basin Watermaster
Under Negotiation: Price and terms of acquisition
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11-D |
CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Cadiz, Inc. - water and water storage of the Cadiz Valley Groundwater Supply and Water Storage Project
Agency Negotiators: Daniel Hentschke, Dennis Cushman
Negotiating Parties: Designated representatives of Cadiz, Inc.
Under Negotiation: Price and terms of acquisition
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General Counsel Hentschke took the Board into Closed Session at 4:15 p.m.
At 4:30 p.m. Mr. Hentschke brought the Board back into open session and announced there
was no reportable action taken.
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 SANDAG REPORT –No report was given.
SANDAG BORDERS/REGIONAL PLANNING COMMITTEE –
No report was given.
12-D AB 1234 COMPLIANCE REPORTS – No reports were given.
13. OTHER COMMUNICATIONS
14. ADJOURNMENT
There being no further business to come before the Board, Chair Lewis
adjourned the meeting at 4:31 p.m.
__________________________________
Claude A. Lewis
Chair
_______________________________
Thomas V. Wornham
Secretary
_______________________________
Doria F. Lore
Clerk of the Board
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