MINUTES OF THE SPECIAL BOARD OF DIRECTORS’ MEETING
SEPTEMBER 8 , 2005
1. Call to Order/ Roll call – determination of a Quorum.
Chairman Bond called the Special Board meeting to order at 1:35 p.m. Vice Chairman Loveland led the salute to the flag. Secretary Lewis called roll. Directors present were Bond, Broomell, Dailey, Dixon, Ferguson, Haddad, Johnson, Knutson, Lewanski, Lewinger, Lewis, Linden, Loveland, Martin, Muir, Parker, Price, Quist, Saunders, Steiner, Sundram, Thompson, Tu, Watton and Williams. Directors absent were Bowersox, Brammell, Croucher, Inzunza, Irvin, Pocklington, Rhinerson, Rogers, and Representative Slater-Price. Staff present was General Manager Stapleton, General Counsel Hentschke, Deputy General Manager Lanspery, Assistant General Manager Cushman, Director of Engineering Economides, Director of Operations and Maintenance Eaton, Director of Right of Way Rose, Director of Operations and Maintenance Eaton, Engineering Manager Pyle, Engineer Suydam, Water Resources Specialist Gage and others.
1-A Clerk of the Board Lore announced Director Inzuna would be the proxy for Director Pocklington; however, Director Inzunza was absent.
I . CONSENT CALENDAR
1. Award a Professional Services Contract to Jones and Stokes Associates for
Emergency Storage Project/Lake Hodges Limnology and Water Quality Support Services in an amount not-to-exceed $125,000.
Staff recommendation : Award a Professional Services Contract to Jones and Stokes Associates to provide limnology and water quality support services for an amount not-to-exceed $125,000.
Director Ferguson moved, Director Johnson seconded and the motion carried unanimously to approve the Consent Calendar.
II . ACTION/DISCUSSION
1-A Report from Twin Oaks Treatment Plant DBO Ad Hoc Committee.
Director Knutson reviewed the work completed by the Twin Oaks Treatment Plant DBO Ad Hoc Committee and complimented the staff for their hard work. He announced that a Special Engineering and Operations Committee had been held on September 6, 2005 and the Engineering and Operations Committee unanimously agreed with the Ad Hoc Committee’s support of staff’s recommendation to award the contract to CH2M Hill Construction, Inc.
1-B Staff report on DBO selection process and recommended actions:
i. Interim Untreated Water Distribution Policy and Annual Aqueduct Operating Plan.
Staff recommendation:
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Adopt Resolution No. 2005- 30, directing staff to implement the interim untreated water distribution priorities adopted by the Board on January 27, 2005.
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Direct staff to work with the member agency General Managers and Operating Heads to develop an annual Aqueduct Operating Plan for aqueduct deliveries and include any recommendations for modification to the interim untreated water delivery priorities adopted by the Board on January 27, 2005.
Mr. Economides reviewed the DBO selection process and recommended actions on the agenda. Mr. Pyle presented on the procurement and evaluation process, best value selection, and proposed project. Mr. Suydam reviewed the project description.
Director Lewinger requested a five-minute recess at 2:30 p.m. to review the resolution. Chair Bond granted this request. The meeting resumed at 2:35 p.m.
Mr. Eaton presented on the Interim Untreated Water Distribution Policy and Annual Aqueduct Operating Plan.
Director Lewinger stated the resolution referred to an annual operating plan for each year vs. a final operating plan.
Director Lewinger requested the following amendment be made to the resolution: “The General Manager shall present to the Board of Directors for approval April of each year a recommended untreated water system annual operating plan for the coming year. The recommended plan shall have been developed with the assistance and guidance of the member agency Operating Heads and General Managers. The policies established by sections 1, 2, and 3 of this resolution shall stay in effect unless amended in any given year by the annual operating plan presented to and approved by the Board of Directors in April of each year.”
Director Lewinger moved the amended motion, Director Watton seconded and the motion carried unanimously.
ii. Adopt Resolution Certifying the Final Environmental Impact Report for the Twin Oaks Valley Water Treatment Plant project; Adopting Environmental Findings of Fact, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations; Approving the Project; and Authorizing Filing of a Notice of Determination.
Staff recommendation:
It is recommended that the Board adopt Resolution No. 2005- 31 that:
California Environmental Quality Act (CEQA) and State CEQA Guidelines and reflects the independent judgment of the Board;
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Adopts Environmental Findings of Fact, a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations;
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Approves the CH2M Hill Constructors, Inc., 100 million gallons per day (mgd) membrane water treatment plant at the Twin Oaks Valley site as the selected project; and
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Authorizes the filing of a Notice of Determination.
Ms. Gage summarized the Final Environmental Impact Report.
Director Ferguson moved, Director Knutson seconded and the motion carried unanimously.
Chair Bond opened the Public Hearing. Mr. Crayton described the property requirements. There were no members of the public that wished to speak.
iii. PUBLIC HEARING:
Hearing of Necessity to consider the adoption of a Resolution of Necessity and authorization of condemnation proceedings to acquire real property for construction of the Twin Oaks Valley Water Treatment Plant on land owned by the following vestees: Johannes R. Driessen and Alison Barbara Driessen, as Co-Trustees of the Driessen Revocable Trust, dated July 30, 2004. (APN 174-300-16): Twin Oaks Springs, Inc. (APN 178-080-80).
Staff recommendation: That the Board of Directors:
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Receive public testimony;
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concur that an offer to acquire the necessary real property was made to the owners of the subject property on August 16, 2005, pursuant to Section 7267.2 of the Government Code;
c) Adopt Resolution of Necessity No. 2005- 32 authorizing the acquisition of real property in support of the Twin Oaks Valley Water
Treatment Plant Project, and find that:
1. the public interest and necessity requires the project;
2. the project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury; and
3. the interest in the property sought to be acquired is necessary for the project.
d) Au thorize staff to proceed with condemnation proceedings necessary to acquire the right of way on the subject property.
Director Lewinger moved, Director Dailey seconded and the motion carried unanimously.
iv. Agreement with Vallecitos Water District for the Twin Oaks Valley Water Treatment Plant access road.
Staff recommendation: Authorize the General Manager to execute an agreement with Vallecitos Water District for the Twin Oaks Valley Water Treatment Plant access road.
Director Dailey moved, Director Parker seconded and the motion carried unanimously. Director Ferguson abstained.
v. Award a Service Contract to CH2M Hill Constructors, Inc., for the Twin Oaks Valley Water Treatment Plant project, including design and construction for a design-build price of $159,174,938, and for annual operation and maintenance at a base annual price of $6,017,156.
Staff recommendation: Authorize the General Manager to execute a Design-Build-Operate Service Contract with CH2M Hill Constructors, Inc., approved as to form by the General Counsel, and substantially in the form of the final draft Service Contract, dated August 5, 2005, on file in the office of the Clerk of the Board.
Directors Muir and Knutson made a joint motion, Director Tu seconded and the motion carried unanimously.
vi. Approve Professional Services Contract for owner’s representative services including design and development review, construction oversight, and design- build-operate contract administration and compliance services for the Twin Oaks Valley Water Treatment Plant project.
Staff recommendation: Award a Professional Services Contract to Malcolm Pirnie, Inc., in an amount not to exceed $3.1 million for owner’s representative services for the Twin Oaks Valley Water Treatment Plant project.
Director Knutson moved, Director Broomell seconded and the motion carried unanimously.
There being no further business to come before the Board, Chair Bond adjourned the meeting at 3:20 p.m.
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Jim Bond, Chairman
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Claude A. Lewis, Secretary
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Doria F. Lore, Clerk of the Board
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