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San Diego County Water Authority

MINUTES OF THE FORMAL BOARD OF DIRECTORS' MEETING

May 28, 2009

ENGINEERING AND OPERATIONS COMMITTEE

CALL TO ORDER/ROLL CALL

Chair Arant called the Engineering and Operations Committee to order at 9:00 a.m. Committee members present were Chair Arant, Vice Chairs Johnson and Smith, Directors Barrett, Bowersox, Ferguson, Hogan, Knutson, McIntosh, Pocklington, and Saunders. Director Jungreis and Wornham were absent. Other Board members present were Directors Bond, Dailey, Parker, Price, Saxod, Tu, Watton, Wight, and K. Williams. Director Dion arrived at 9:03 a.m. and Director McMillan arrived at 9:10 a.m. 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 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, Senior Engineer Bride, Senior Engineer Kavanagh, Operations & Maintenance Manager Suydam, Senior Right of Way Agent Flanagan, and Senior Right of Way Inspector Carreon

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 Arant announced that four Water Authority projects received awards from the American Society of Civil Engineers, San Diego Section, as part of their 2009 awards program on Saturday May 16, 2009. The Twin Oaks Valley Water Treatment Plant received the Project of the Year Award, the San Vicente Dam Raise Aggregate Quarry received an Award of Excellence, and the Pipeline 4 Repair at San Diego River and the Design Build Contract for Pipelines 3,4 and 4A (I-15 Widening) both received Awards of Merit.

Vice Chair Johnson and key project staff attended the awards banquet on behalf of the Water Authority. Vice Chair Johnson commented on his attendance at this event.

Chair Arant mentioned that should the Committee meeting run longer than expected he would be leaving at 10:00 a.m. due to his travel schedule and that Vice Chair Johnson would step in as chair in his absence.

I. CONSENT CALENDAR

1. Notice of Completion for the Relining of Pipeline 3 from State Route 52 to Lake Murray.

Staff recommendation: Authorize the General Manager to accept the Relining of Pipeline 3 from State Route 52 to Lake Murray project as complete, record the Notice of Completion and release funds held in retention to L.H. Woods and Sons, Inc., following the expiration of the Notice of Completion period.

2. Construction contract with International Pavement Solutions, Inc. for the Twin Oaks Valley Water Treatment Plant project.

Staff recommendation: Rescind award of the construction contract to D&L Wheeler Enterprises, and award the construction contract to International Pavement Solutions in the amount of $64,555 for road repairs on North Twin Oaks Valley Road for the Twin Oaks Valley Water Treatment Plant project.

3. Authorize the acquisition of Assessor’s Parcel Numbers 327-110-07, 329-010-04, and 329-023-01 property from Bryan and Teresa Holland for $727,500 for setback and source water protection buffers surrounding San Vicente Reservoir.

Staff recommendation: Approve the acquisition of approximately 159 acres of land (APN 327-110-07, 329-010-04, and 329-023-01) for the price of $727,500 and authorize the General Manager to execute all documents required to make the acquisition.

Director Barrett moved to approve the consent calendar, Director Knutson seconded, and the motion passed unanimously.

II. ACTION/DISCUSSION

1. San Vicente Dam Raise Project.
1-A Award construction contract for Package 2 – San Vicente Foundation Preparatory Work Project.

Staff recommendation: Award a construction contract to Barnard Construction Company, Inc. in the amount of $23,749,500 for the Package 2 – San Vicente Foundation Preparatory Work.

Ms. Kavanagh gave a presentation which included an outline of the Package 2 Foundation Preparatory work advertisement history, bid result evaluation and further Quino Checkerspot butterfly information.

Following a few questions from the Committee and Board, Director Pocklington moved to accept staff’s recommendation; Director Ferguson seconded, and the motion passed unanimously.

1-B Additional scope of work to the professional services contract with MWH Americas, Inc. for the San Vicente Dam Raise and Carryover Storage project.

Staff recommendation: Accept Amendment One and approve Amendment Two in the amount of $880,000 for additional scope of work to the professional services contract with MWH Americas, Inc. for the San Vicente Dam Raise and Carryover Storage project, increasing the total contract amount to $20,356,000.

Ms. Kavanagh gave a presentation which included background on the project, details regarding the amendment to the scope of work, Quagga Mussel control measures, geotechnical investigation information, and principals of understanding requirements between the City of San Diego and the Water Authority.

Following a few questions from the Committee and Board, Director Knutson moved to accept staff’s recommendation; Director Ferguson seconded, and the motion passed unanimously.

III. INFORMATION

1. Update on Right of Way Department property management actions and removal of unauthorized encroachments.

Mr. Busch provided introductory comments and Mr. Carreon presented on encroachment priorities, encroachment enforcement, and 2008 and 2009 year-end accomplishments.

Mr. Hentschke took the Board into closed session at 9:29 a.m. Director Barrett recused himself.

IV. CLOSED SESSION

1. CLOSED SESSION:

Conference with Legal Counsel – Potential Litigation Government Code §54956.9(b) - significant exposure to litigation
OMWD – Lake Hodges Water Quality Allegations

The Engineering and Operations Committee reconvened at 10:29 a.m. Mr. Hentschke stated that the Committee gave directions to the litigation team and that those directions were not reportable at this time pursuant to the Brown Act. Chair Arant left the Committee meeting during Closed Session due to his travel schedule

V. ADJOURNMENT

There being no further business to come before the Engineering and Operations Committee, Vice Chair Johnson adjourned the meeting at 10:30 a.m.

LEGISLATION, CONSERVATION AND OUTREACH COMMITTEE

CALL TO ORDER/ROLL CALL

Chair Dailey called the Legislation, Conservation and Outreach Committee to order at 10:39 a.m. Committee members present were Chair Dailey, Vice Chair Saxod, Directors Croucher, Dion, Hilliker, Johnson, Jungreis, Muir, Tu, Watton, H. Williams, and K. Williams. Committee members absent were Vice Chair Morrison and Director Arant. Also present were Directors Barrett, Bond, Bowersox, Ferguson, Hogan, Knutson, Lewis, Linden, McIntosh, McMillan, Parker, Pocklington, Price, Saunders, Smith, Steiner, and Wight. 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 reminded all Board members about the legislative roundtable being held on May 29, 2009 at 7:30 a.m. The next roundtable is scheduled for June 19, 2009 at 10:00 a.m.
She thanked Directors Barrett, McIntosh, Watton, and Muir for joining the Speakers Bureau Project last month. Chair Dailey thanked all directors for taking the time to make this project successful.

Chair Dailey announced that the Water Conservation Summit scheduled for June , 2009 may have a few openings available. She asked anyone interested to register that day.

DIRECTORS' COMMENTS

There were no Director’s comments.

I. CONSENT CALENDAR

1. Extend the professional services contract with Parallax Visual Communication for design and printing of the Water Authority’s 2009 Annual Report.

Staff recommendation: Extend the professional services contract with Parallax Visual Communication for continued design and printing services for the Water Authority’s annual report for one year for $50,000, increasing total contract funding to an amount not-to-exceed $93,000, and directed the General Manager to pursue a reduction in the annual report material and printing costs.

Director K. Williams moved staff recommendation and directed the General Manager to pursue a reduction in the annual report material and printing costs, Director Tu seconded, and the motion passed unanimously.

II. ACTION/DISCUSSION

1. Legislative Issues

1-A Report by Carpi and Clay.

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

Mr. Cushman provided a presentation on the economic stimulus funding, which included an explanation of the American Recovery and Reinvestment Act and various funding opportunities.

1-B Adopt positions of:

AB 234 (Huffman) – Support
AB 262 (Bass) – Support, if amended
AB 300 (Caballero) – Support, if amended
AB 410 (De La Torre) – Support
AB 1100 (Duvall) – Support
SB 207 (Florez) – Support
SB 555 (Kehoe) – Support
SB 711 (Leno) – Oppose
S. 787 (Feingold) – Oppose
Staff recommendation: Adopt positions of: Support on AB 234 (Huffman); Support, if amended, on AB 262 (Bass); Support, if amended, on AB 300 (Caballero); Support on AB 410 (De La Torre); Support on AB 1100 (Duvall); Support on SB 207 (Florez); Support on SB 555 (Kehoe); Oppose on SB 711 (Leno); and Oppose on S. 787 (Feingold).

Director Tu moved to support staff recommendation, Director Saxod seconded, and the motion passed unanimously.

Mr. Volberg reported that he was working on the legislative alert system requested by the Board last month and would report as soon as possible.

1-C Adopt policy principles for water user fee legislation.

Staff recommendation: Adopt the proposed policy principles.

Mr. Volberg provided a presentation, including background on fees, bills in the 2009 legislative session proposed to impose water user fees, and policy principles for broad-based water user fees.

During discussion staff distributed a handout with recommended changes from the city of San Diego. Director Tu moved staff recommendation to adopt the proposed policy principles with the following additions:

1) The Water Authority reconfirms its policy principle that setting rates and fees remains the purview of locally elected or appointed governing bodies of water agencies. The Water Authority opposes any fees that are levied directly on the ratepayers via collections on the water bill.

2) Should the State mandate the collection of fees on water bills, retail water agencies must be allowed to keep a portion of the fees to pay for increases in required administration. Also, monthly fees imposed by the State will not be included in the calculation of fixed vs. volumetric pricing that is identified as a conservation Best Management Practice.

She also asked staff to bring any action desired in time for member agencies to provide any input. Director Johnson seconded the motion as stated, and the motion passed unanimously.

1-D Adopt policy principles for water use efficiency legislation.

Staff recommendation: Adopt the proposed policy principles.

Mr. Volberg provided a presentation, including background, various policy principles on water use efficiency legislation, and staff recommendation.

Director Tu moved to adopt the proposed policy principles with the following
modifications and addition:

1) Requirements to reduce water use and improve water use efficiency for urban and agricultural water uses, including implementation of best management practices by retail and wholesale suppliers.

2) Eligibility for State water management grants and loans based on compliance, consistent with the intent of current statutes.

3) Allowance for individual water agencies to collaborate, if so desired, to establish integrated regional water conservation goals.

Director Johnson seconded with the inclusion of the changes, and the motion passed unanimously.

2. Drought Management Communications.

2-A Regional Drought Management and Conservation Communications update.

Ms. Vedder presented an update on the status of the outreach campaign, described upcoming television ads, employer-driven outreach efforts, community partnerships, education video distribution, 20gallonchallenge.com website visits, and showed a Taxpayers Association video spoof of the Door hanger project.

2-B Presentation by Victor Graves, Assistant Manager, San Dieguito Water District, on drought conservation plans.

Mr. Graves provided a presentation, including an overview of the district, its service area, drought response conservation program, drought rates approved in February 2008, staff development on conservation issues, public outreach, and speaker’s bureau.

III. INFORMATION

The following items were received and filed:
1. Status report on legislation and legislative positions.
2. Water Conservation Garden report. (oral report)
3. Government relations update.
4. Public Affairs outreach activities for the month of April 2009. Chair Dailey announced that this report will now be on a quarterly basis.

Director Bowersox proved an oral report on the Water Conservation Garden and Director Hilliker provided an oral report on the Conservation Action Committee meeting.

IV. ADJOURNMENT

There being no further business to come before the Legislation, Conservation and Outreach Committee, Chair Dailey adjourned the meeting at 12:28 p.m.

ADMINISTRATIVE AND FINANCE COMMITTEE

CALL TO ORDER / ROLL CALL

Chair K. Williams called the Administrative and Finance Committee meeting to order at 1:15 p.m. Committee members present were Chair K. Williams, Vice Chairs Hogan and Price, Directors Bond, Bowersox, Dion, Hilliker, Lewis, Pocklington, Smith, Steiner, Wight, and H. Williams. Committee member absent was Director Wornham. Also present were Directors Arant, Barrett, Croucher, Dailey, Ferguson, Jungreis, Johnson, Knutson, Linden, McIntosh, McMillan, Muir, Parker, Saunders, Saxod, Tu, and Watton. At that time, there was a quorum of the full Board and the meeting was conducted as a meeting of the Board; however, only committee members participated in the vote. Staff present was General Counsel Hentschke, Deputy General Managers Lanspery and Belock, Director of Finance/Treasurer Sandler, Director of Administrative Services Young, and Director of Human Resources Leone.

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 Williams reminded the Board that the budget workshops were scheduled on June 10 and 11, 2009, and encouraged the full Board to attend. He also mentioned that a copy of the recommended budget was handed out to each Director and indicated it would be available on the Water Authority’s website by close of business on Monday, June 1, 2009, or by disk if preferred.

DIRECTORS’ COMMENTS

There were no Director’s comments.

I. CONSENT CALENDAR

1. Treasurer’s report.

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

2. Resolution setting a Public Hearing date for the Water Authority’s proposed September 1, 2009 and calendar year 2010 rate and charge increases.

Staff recommendation: Adopt Resolution No. 2009-___ setting the time and Place for a public hearing on June 25, 2009 at 9:30 a.m., or as soon thereafter as May practicable be heard, during the Administrative and Finance Committee meeting, to receive comments regarding establishing a Melded Supply Rate, a Melded Treatment Rate, a Transportation Rate, and the Special Agricultural Water Program rates to be effective September 1, 2009, and for establishing a Customer Service Charge, a Storage Charge and an Infrastructure Access Charge to be effective for calendar year 2010.

Director Steiner moved, seconded by Vice Chair Price, and the motion passed unanimously to approve the consent calendar.

II. ACTION/DISCUSSION

There were no action items this month.

III. INFORMATION

The following items were received and filed:

1. Presentation of the General Manager’s Recommended Budget for Fiscal Years 2010 and 2011 for review by the Administrative and Finance Committee and the Board of Directors.

Ms. Stapleton gave an overview of the Recommended Budget and explained the budget document format, budget context, budget development process, the numbers, budget highlights and schedule.

Several Directors asked questions and answers were provided by Ms. Stapleton.

2. Controller’s report on monthly financial statements.

3. Board calendar.

IV. CLOSED SESSION

There were no closed sessions this month.

IV. ADJOURNMENT

There being no further business to come before the Administrative and Finance Committee, Chair Williams adjourned the meeting at 1:51 p.m.

WATER PLANNING COMMITTEE

CALL TO ORDER/ROLL CALL

Chair Saunders called the meeting to order at 1:45 p.m. Committee members present were Vice Chair Ferguson, Directors Barrett, Dailey, Lewis, Linden, McMillan, Muir, Parker, Steiner, and Watton. Committee members absent were Vice Chair Petty, Directors Lewinger and Martin. Also present were Directors Bond, Bowersox, Croucher, Dion, Hilliker, Hogan, Jungreis, Johnson, Knutson, McIntosh, Morrison, 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 Managers Yamada and Purcell, and Principal Water Resources Specialists Friehauf and Stadler.

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 Saunders thanked Committee and non-Committee members that attended the Special Meeting of the Water Planning Committee on May 14, 2009. The meeting focused on two detailed reports on important planning projects, Camp Pendleton Desalination, and Pipeline 6. The Committee would see additional items on both those projects in the months ahead and would continue to evaluate both projects as part of the Committee’s goals and objectives. The Committee approved two important local supply related policies, on conveyance and exchanges of local supplies and Water Authority purchases of excess local supplies. Both policies were being forwarded to the full Board in the afternoon with the Committee’s recommendation for approval.

Last month was a milestone for the Committee with the approvals of the final member agency water allocations and declaration of a Level Two Drought Alert condition. Chair Saunders stated it had been a long process getting to this point, and wanted to thank the Board members for their hard work and diligence throughout his term as Chair and for the work of the previous Committee under Director Lewinger.

Chair Saunders noted that there has been a lot of activity on recycled water. Staff had been working closely with the Regional Board and staff and our member agencies, on enhancing that agency’s role in facilitating recycling. They have also been working with DWR on plumbing code revisions for recycled water use and with industry and golf courses on expanding reuse markets. The committee will be hearing detailed reports on these items in the months ahead.

DIRECTOR'S COMMENTS

There were no Director’s comments.

I. CONSENT CALENDAR

1. Professional services contract to Habitat Restoration Sciences, Inc., to provide as- needed habitat restoration and maintenance services.

Staff recommendation: Award a professional services contract to Habitat Restoration Sciences, Inc., to provide as-needed habitat restoration and maintenance services for a five-year period for a not-to-exceed amount of $800,000.

2. Professional services contract extension with Jason Larrabee Ventures, Inc., for the Water Authority’s Dry-Year Water Transfer Program.

Staff recommendation: Authorize the General Manager to amend the professional services contract with Jason Larrabee Ventures, Inc., for the Water Authority’s Dry-Year Water Transfer Program for the amount not- to-exceed $37,200, subject to approval of the Fiscal Years 2010 and 2011 budget.

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

II. ACTION/DISCUSSION

1. Drought Management Planning

1-A Drought Management Implementation Report.

Mr. Yamada reviewed the reservoir conditions of Lake Orville and Lake Shasta, the final State Water Project allocation of 40 percent that increased on May 20, 2009, MWD storage reserves and MWD’s fiscal year 2010 allocation to the Water Authority.

Ms. Friehauf summarized the development and implementation of Regional Demand Offset programs related to shortage conditions, its challenges, and guidance to consultants developing tool to estimate demands to be offset (conservation savings).

2. Authorize call of up to 20,000 acre-feet under agreement with Placer County Water Agency.

Staff recommendation: Authorize the General Manager to call up to 20,000 acre-feet of water for transfer under the agreement with Placer County Water Agency and appropriate $5.3 million for acquisition costs if certain conditions are met before the June 1, 2009, call date.

Mr. Cushman reviewed the transfer agreement terms, fiscal impact, remaining risks, contingencies and approvals. He then summarized Placer County Water Agency’s key remaining actions and status, and risk mitigation.

Director Barrett moved to authorize the General Manager to call up to 20,000 acre-feet of water for transfer under the agreement with Placer County Water Agency and appropriate $5.3 million for acquisition costs if certain conditions are met before the June 1, 2009, call date. Vice Chair Ferguson seconded and the motion passed unanimously.

III. INFORMATION

1. State Water Plan 2009 update.

Mr. Stadler presented a status update to the Committee on the 2009 State Water Plan.

2. Water Resources report.

The Water Resources Report was received and filed.

IV. ADJOURNMENT

There being no further business to come before the Water Planning Committee, Chair Saunders adjourned the meeting at 2:40 p.m.

IMPORTED WATER COMMITTEE

CALL TO ORDER / ROLL CALL

Chair McMillan called the Imported Water Committee to order at 2:47 p.m. Committee members present were Directors Bond, Croucher, Knutson, Linden, McIntosh, Parker, Price, Saxod, Tu, and Wight. Directors Lewinger, Martin, and Petty were absent. Also present were Directors Barrett, Bowersox, Dailey, Dion, Ferguson, Hilliker, Hogan, Jungreis, Johnson, Lewis, Morrison, Muir, Pocklington, Saunders, Smith, Steiner, Watton, H. Williams, and K. 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 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 McMillan stated that the Department of Water Resources increased the allocation of 2009 State Water Project water for long-term contractors from 30 percent to 40 percent, based on water precipitation and current water supply conditions. He announced that a one-day MWD inspection trip would take place on June 26 to visit various facilities including the Twin Oaks Valley water treatment plant. He discussed the “C2” water transfer, the Regional Golden Watchdog Award for which the All-American Canal was a finalist, and the adopted QSA Joint Powers Authority budget. He shared photos from the All-American Canal Lining dedication event that took place on April 30.

4-A Director’s comments.

There were no Director’s comments.

I. CONSENT CALENDAR

1. Amendment to professional services agreement with Brownstein Hyatt Farber Schreck, LLP for Metropolitan Water District Work Plan support.

Staff recommendation: Authorize the General Manager and General Counsel to execute an amendment to the professional services agreement with Brownstein Hyatt Farber Schreck, LLP for additional retainer payments totaling $29,120.

Director Croucher moved to adopt the recommendation, Director Tu seconded, and the motion passed unanimously.

II. ACTION/DISCUSSION

1. MWD Issues and Activities update.

1-A Metropolitan Water District’s Delegates report.

The delegates reported on MWD’s Integrated Resources Plan update process and discussions, MWD’s conservation program incentives, and Bay Delta related activities.


2. Colorado River Programs.

2-A Colorado River Board representative’s report.

Director Knutson reported on the Department of Interior Partners in Conservation Award ceremony he attended in Washington, D.C., on May 7, 2009. He represented the Water Authority and the Colorado River Board along with the representatives of the other agencies who received the multi-state award for the record of decision that was rendered in December 2007 for the Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead.

III. INFORMATION

1. Yuma Desalting Plant Pilot Operation.

Ms. Razak provided an update on the activities of the Yuma Desalting Plant pilot operations.

The following information item was noted and filed:

1. Metropolitan Water District Program report.

Mr. Hentschke requested that the Committee add a closed session item to the agenda related to the Price Reset arbitration.

Director Knutson made a motion to add a closed session item on the agenda, Director Tu seconded, and the motion passed unanimously.

The committee went into Closed Session at 3:27 p.m.

IV. CLOSED SESSION

1. CLOSED SESSION:

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

The Committee reconvened at 3:44 p.m. Mr. Hentschke stated that the item was discussed, but no action was taken.

V. ADJOURNMENT

There being no further business to come before the Imported Water Committee, Chair McMillan adjourned the meeting at 3:45 p.m.

FORMAL BOARD OF DIRECTORS' MEETING OF MAY 28, 2009

1. CALL TO ORDER Chair Lewis called the Formal Board of Directors' meeting to order at 3:50 p.m.

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

3. ROLL CALL, DETERMINATION OF QUORUM

Vice Chair Watton called the roll. Directors present were Barrett, Bond, Bowersox, Dion, Ferguson, Hilliker, Hogan, Johnson, Jungreis, Knutson, Lewis, Linden, McIntosh, McMillan, Muir, Parker, Pocklington, Price, Saunders, Saxod, Smith, Steiner, Tu, Watton, Wight, H. Williams, and K. Williams. Directors absent were Arant, Croucher, Dailey, Lewinger, Martin, Morrison, Petty, Wornham, and Representative Slater-Price.

3-A Report on proxies received.  No proxies were turned in.

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

5. APPROVAL OF MINUTES Director Knutson moved, Director Barrett seconded and the motion carried for a total of 76% of the vote to approve the minutes of the Formal Board of Directors’ meeting of April 23, 2009.

6. OPPORTUNITY FOR MEMBERS OF THE PUBLIC WHO WISH TO ADDRESS THE BOARD ON MATTERS WITHIN THE BOARD'S JURISDICTION

Chair Lewis announced there were no members of the public that wished to speak.

7. PRESENTATIONS AND PUBLIC HEARINGS

7-A Savings by Design Award of Excellence for Energy-Efficient, High Performance

Commercial Building Design and Construction. Presented by Michael R. Niggli, Chief Operating Officer of San Diego Gas & Electric and Southern California Gas Company, Sempra Energy’s regulated California utilities, for the variable –speed drive turbines at San Vicente Pump Station.

Mr. Niggli presented an $84,000 check.

7-B Reappointment of Director. Reappointment of Thomas Wornham, City of San Diego. Term expires May 2, 2015.

Director Wornham was reappointed to the Board.

7-C Recognition of Ilene Story, Employee of the third quarter.

Ilene Story was recognized as Employee of the third quarter.

8. REPORTS BY CHAIRS

8-A Chair's Report- Chair Lewis reviewed presentations he had made with staff.

8-B Report by Committee Chairs.

Engineering and Operations Committee. Vice Chair Johnson reviewed the committee meeting and actions taken. He announced the upcoming San Vicente Dam Raise Groundbreaking event on July 9, 2009.

Legislation, Conservation and Outreach Committee.  Vice Chair Saxod reviewed the committee meeting and actions taken.

Administrative and Finance Committee. Chair K. Williams reviewed the committee meeting and actions taken.

Water Planning Committee.  Chair Saunders reviewed the committee meeting and the actions taken.

Imported Water Committee. Chair McMillan reviewed the committee meeting and the action taken.

Director Saunders moved that items 10-A and 10-B be added to the consent calendar.
Director Ferguson seconded and the motion passed at 76% of the vote.

9. CONSENT CALENDAR

Chair Lewis requested approval of the modified consent calendar that included the addition of items 10-1 and 10-2. Director Saunders moved, Director Johnson seconded and the motion passed at 76% of the vote.

9-1.

Notice of Completion for the Relining of Pipeline 3 from State Route 52 to Lake Murray.

The Board authorized the General Manager to accept the Relining of Pipeline 3 from State Route 52 to Lake Murray project as complete, record the Notice of Completion and release funds held in retention to L.H. Woods and Sons, Inc., following the expiration of the notice of completion period.

9-2.

Construction contract with International Pavement Solutions, Inc. for the Twin Oaks Valley Water Treatment Plant project.

The Board rescinded the award of the construction contract to D&L Wheeler Enterprises, and awarded the construction contract to International Pavement Solutions in the amount of $64,555 for road repairs on North Twin Oaks Valley Road for the Twin Oaks Valley Water Treatment Plant project.

9-3.

Authorize the acquisition of Assessor’s Parcel Numbers 327-110-07, 329-010-04, and 329-023-01 property from Bryan and Teresa Holland for $727,500 for setback and source water protection buffers surrounding San Vicente Reservoir.

The Board approved the acquisition of approximately 159 acres of land (APN 327-110-07, 329-010-04, and 329-023-01) for the price of $727,500 and authorized the General Manager to execute all documents required to make the acquisition.

9-4.

Award construction contract for Package 2 – San Vicente Foundation Preparatory Work project.

The Board awarded a construction contract to Barnard Construction Company, Inc. in the amount of $23,749,500 for the Package 2 – San Vicente Foundation Preparatory Work.

9-5.

Additional scope of work to the professional services contract with MWH Americas, Inc. for the San Vicente Dam Raise and Carryover Storage project.

The Board accepted Amendment One and approved Amendment Two in the amount of $880,000 for additional scope of work to the professional services contract with MWH Americas, Inc. for the San Vicente Dam Raise and Carryover Storage project, increasing the total contract amount to $20,356,000.

9-6.

Extend the professional services contract with Parallax Visual Communication for design and printing of the Water Authority’s 2009 Annual Report.

The Board extended the professional services contract with Parallax Visual Communication for continued design and printing services for the Water Authority’s annual report for one year for $50,000, increasing total contract funding to an amount not-to-exceed $93,000, and directed the General Manager to pursue a reduction in the annual report material and printing costs.

9-7.

Adopt positions of:

  • 1 AB 234 (Huffman) – Support
  • 2 AB 262 (Bass) – Support, if amended
  • 3 AB 300 (Caballero) - Support, if amended
  • 4 AB 410 (De La Torre) - Support
  • 5 AB 1100 (Duvall) - Support
  • 6 SB 207 (Florez) – Support
  • 7 SB 555 (Kehoe) – Support
  • 8 SB 711 (Leno) - Oppose
  • 9 S.787 (Feingold) - Oppose

The Board adopted positions of: Support on AB 234 (Huffman); Support, if amended on AB 262 (Bass); Support, if amended, on AB 300 (Caballero); Support on AB 410 (De La Torre); Support on AB 1100 (Duvall); Support on SB 207 (Florez); Support on SB 555 (Kehoe); Oppose on SB 711 (Leno); Oppose on S.787 (Feingold).

9-8.

Adopt policy principles for water user fee legislation.

The Board adopted the proposed policy principles with the following additions:

1 The Water Authority reconfirms its policy principle that setting rates and fees remains the purview of locally elected or appointed governing bodies of water agencies. The Water Authority opposes any fees that are levied directly on the ratepayers via collections on the water bill.

1 Should the State mandate the collection of fees on water bills, retail water agencies must be allowed to keep a portion of the fees to pay for increases in required administration. Also, monthly fees imposed by the State will not be included in the calculation of fixed vs. volumetric pricing that is identified as a conservation Best Management Practice.

9-9.

Adopt policy principles for water use efficiency legislation.

The Board adopted the proposed policy principles with the following modifications and addition:

  1. Requirements to reduce water use and improve water use efficiency for urban and agricultural water uses, including implementation of best management practices by retail and wholesale suppliers.
  2. Eligibility for State water management grants and loans based on compliance, consistent with the intent of current statutes.
  3. Allowance for individual water agencies to collaborate, if so desired, to establish integrated regional water conservation goals.

9-10.

Treasurer’s report.

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

9-11.

Resolution setting a Public Hearing date for the Water Authority’s proposed September 1, 2009 and calendar year 2010 rate and charge increases.

The Board adopted Resolution No. 2009-08 setting the time and place for a public hearing on June 25, 2009, at 9:30 a.m., or as soon thereafter as may practicably be heard, during the Administrative and Finance Committee meeting, to receive comments regarding establishing a Melded Supply Rate, a Melded Treatment Rate, a Transportation Rate, and the Special Agricultural Water Program rates to be effective September 1, 2009 and for establishing a Customer Service Charge, a Storage Charge and an Infrastructure Access Charge to be effective for calendar year 2010.

9-12.

Professional services contract to Habitat Restoration Sciences, Inc., to provide as-needed habitat restoration and maintenance services.

The Board awarded a professional services contract to Habitat Restoration Sciences, Inc., to provide as-needed habitat restoration and maintenance services for a five-year period for a not-to-exceed amount of $800,000.

9-13. Professional services contract extension with Jason Larrabee Ventures, Inc., for The Water Authority’s Dry-Year Water Transfer Program.

The Board authorized the General Manager to amend the professional services contract with Jason Larrabee Ventures, Inc., for the Water Authority’s Dry-Year Water Transfer Program for the amount not-to-exceed $37,200 subject to approval of the Fiscal Years 2010 and 2011 budget.

9-14. Call of up to 20,000 acre-feet under agreement with Placer County Water Agency.

The Board authorized the General Manager to call up to 20,000 acre-feet of water for transfer under the agreement with Placer County Water Agency and appropriate $5.3 million for acquisition costs if certain conditions are met before the June 1, 2009 call date.
9-15. Amendment to professional services agreement with Brownstein Hyatt Farber Schreck, LLP for Metropolitan Water District Work Plan support.

The Board authorized the General Manager and General Counsel to execute an amendment to the professional services agreement with Brownstein Hyatt Farber Schreck, LLP for additional retainer payments totaling $29,120.
10-1.. Approval of Board of Directors policy for the Water Authority’s purchase of excess local supplies.

The Board approved the Board policy pertaining to Water Authority purchase
of excess local supplies.
10-2. Approval of policies for the use of Water Authority facilities for conveyance and exchange of local water supplies.

The Board approved policies pertaining to the use of Water Authority facilities for conveyance and exchange of local supplies.

10. ACTION/DISCUSSION

There were no items under Action/Discussion.

11. CLOSED SESSIONS:

11-A

CLOSED SESSION:

Conference with Legal Counsel – Potential Litigation
Government Code §54956.9(b) - significant exposure to litigation
OMWD – Lake Hodges Water Quality Allegations

11-B

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-C

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 there was no need for a Closed Session.

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 – Director Muir reviewed the recent SANDAG meeting.
SANDAG BORDERS/REGIONAL PLANNING COMMITTEE –
Director Saxod announced she was at the ACWA meeting and Director H. Williams attended on her the behalf. Director H. Williams announced no water related items were discussed.
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 4:30 p.m.

__________________________________

Claude A. Lewis, Chair

_______________________________

Mark W. Watton, Vice Chair

_______________________________

Doria F. Lore, Clerk of the Board