MINUTES OF THE FORMAL BOARD OF DIRECTORS' MEETING
July 27, 2006
ADMINISTRATIVE AND FINANCE COMMITTEE
CALL TO ORDER / ROLL CALL
Chair Dixon called the Administrative and Finance Committee meeting to order at 9:03 a.m. Committee members present were Chair Dixon, Vice Chairs Dailey and Tu, and Directors Bowersox, Brammell, Johnson, Knutson, Muir, Parker, Price and Steiner. Committee members absent were Directors Watton and Williams, and Representative Slater-Price. Also present were Directors Bond, Ferguson, Irvin, Lewinger, Linden, Loveland, Martin and Rogers. 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, Assistant General Manager Cushman, Director of Finance/Treasurer Brust, Director of Administrative Services Young, Director of Human Resources Glover and Director of Public Affairs Jacoby.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were no members of the public who wished to address the Committee.
CHAIR’S REPORT
Chair Dixon reported that an Administrative and Finance Committee meeting was scheduled for August 10, 2006 at 1:30 pm. The full Board is invited to attend the meeting.
I. CONSENT CALENDAR
1. Treasurer’s report.
Staff recommendation: Note and file monthly Treasurer’s report.
2. Adopt Resolution to allow employees CalPERS retirement contributions from salary to be treated as a tax-deferred contribution.
Staff recommendation: Adopt Resolution No. 2006-____ for “Employer Pick-Up” of employees retirement contributions from salary.
Director Knutson moved, Director Dailey seconded, and the motion carried unanimously to approve the Consent Calendar.
II. ACTION/DISCUSSION
1. Amend the fiscal year 2007 Classification and Salary Schedule to include the new classification of Public Affairs Manager and a salary range adjustment for Small Contractor Program Manager.
Staff recommendation: Adopt Resolution No. 2006-____ amending the fiscal year 2007 Classification and Salary Schedule to include the new classification of Public Affairs Manager, salary range H and a salary range adjustment for Small Contractor Program Manager from range 35 to range 39.
Mr. Glover explained that the Administrative Code requires that the Personnel Officer bring to the Board any recommended changes to the Classification and Salary Schedule that was previously approved by the Board. He reviewed the two changes that were being recommended.
Director Muir asked who left the supervisor position. Mr. Glover stated that Patty Brock was the prior Public Affairs Supervisor. Director Muir inquired if the job duties of the new position could not be done as a supervisor. Mr. Glover stated that the new position would be managing subordinate supervisors and the job description was changing.
Director Lewinger asked for an overview of the structure of the Public Affairs Department. Mr. Jacoby stated that there are 20 employees in the Public Affairs Department. He explained that the proposed changes would allow the department to restructure and address upcoming challenges such as continuing legislative issues, outreach in Imperial Valley, increasing number of CIP projects, and assisting member agencies in implementing local water resources projects. He explained that the new position would be responsible for supervising much of the traditional public affairs activities, allowing the director to spend more time on policy issues.
Director Brammell asked if an agreement had been made recently to conduct classification or compensation studies. Mr. Glover stated that earlier this year a study was completed specific to the Operations and Maintenance Department and recommendations were made regarding seven classifications.
Director Dailey moved, Director Knutson seconded and the motion passed unanimously to Adopt Resolution No. 2006-____ amending the Fiscal Year 2007 Classification and Salary Schedule to include the new classification of Public Affairs Manager, salary range H and a salary range adjustment for Small Contractor Program Manager from range 35 to range 39.
III. INFORMATION
The following items were received and filed:
1. Board of Director’s Second Quarter 2006 payments and attendance.
2. Biannual report of professional service contracts and procurements.
3. Controller’s report on monthly financial statements.
4. Board Calendar.
Ms. Stapleton mentioned that the pick-up packet included a corrected second quarter payment sheet. Director Dailey inquired as to what revisions were made to the report. Ms. Stapleton stated that it corrected an error in allocating costs to several directors that were not their costs.
IV. ADJOURNMENT
There being no further business to come before the Administrative and Finance Committee, Chair Dixon adjourned the meeting at 9:15 a.m.
ENGINEERING AND OPERATIONS COMMITTEE
CALL TO ORDER / ROLL CALL
Chair Knutson called the Engineering and Operations Committee to order at 9:25 a.m. Committee members present were Vice Chairs Ferguson and Johnson, Directors Brammell, Lewanski, Lewinger, Loveland, Rogers, Thompson, and Tu. Director Sundram arrived at 9:55 a.m. Committee members absent were Directors Arant, Croucher, and Morrison. Other Board members present were Directors Bond, Dailey, Dixon, Irvin, Lewis, Linden, Martin, Muir, Parker, Pocklington, Price, Quist, Steiner, Watton, and Williams. 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, Assistant General Manager Cushman, Director of Engineering Economides, Director of O&M Eaton, Director of Right of Way Rose, and Assistant Director of Engineering Stift.
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 Knutson reported that Skinner Treatment Plant had been up to 108.4% of its Tier I capacity during the hot weather spike, and there were no outages. He credited the successful delivery of water during this high-demand period to the cooperation between Member Agencies and the Water Authority.
I. CONSENT CALENDAR
1. Professional services contract for construction management services for the Mission Trails projects.
Staff recommendation: Award a professional services contract to Nolte Associates, Inc., for $5,800,000 for construction management services for the Mission Trails projects.
2. Professional services contract to Testing Services & Inspection, Inc.
Staff recommendation: Award a professional services contract for up to $2,500,000 or three years, whichever occurs first, to Testing Services and Inspection, Inc. to provide inspection and monitoring of permitted right of way encroachments.
3. Third Amendment to professional services contract with Dudek & Associates, Inc.
Staff recommendation: Execute the third amendment to the three-year, as-needed professional services contract with Dudek & Associates, Inc., to increase the total contract by $300,000, from $1,337,600 to $1,637,600, for right of way plan review, engineering and right of way services.
4. Notice of Completion for the Olivenhain Dam landscaping project.
Staff recommendation: Accept the Olivenhain Dam landscaping project as complete, record the Notice of Completion, and release all funds held in retention to Native Landscape, Inc., following expiration of Notice of Completion period.
Vice Chair Ferguson moved, Director Tu seconded and the motion carried
unanimously to adopt the Consent Calendar.
II. ACTION/DISCUSSION
1. San Vicente Dam Projects.
1-A Presentation overview of San Vicente Dam raise projects.
The presentation was delivered by Project Manager Shoaf, followed by discussion. The Board members had questions about the maximum probable height of the San Vicente Dam. Mr. Shoaf stated that a feasibility study on the maximum practical height for the dam was in progress, and that information would be presented to the Board at the October or November meeting.
1-B Professional services contract for design and support services for San Vicente Dam raise project.
Staff recommendation: Award a professional services contract to MWH Global, Incorporated for $19,476,000 to provide design and support services for the San Vicente Dam raise project. The completion date of the design is June 2009 and September 2014 for the support services, which include public bidding, construction, reservoir fill, and warranty periods for the project.
Mr. Shoaf explained the evaluation process used to choose MWH Global, Inc. as the finalist among the project bidders.
Vice Chair Johnson moved, Director Lewanski seconded and the motion passed unanimously to award the professional services contract to MWH Global, Incorporated as stated in the staff recommendation.
1-C First amendment to the professional services contract with Project Design Consultants.
Staff recommendation: Execute the first amendment to increase the Project Design Consultants as-needed professional services contract currently valued at $150,000 by $125,000 to a total of $275,000, and extend the contract term to December 31, 2011 to provide survey services for the San Vicente Dam Raise project.
Vice Chair Ferguson moved, Director Tu seconded and the motion passed unanimously to amend the Project Design Consultants professional services contract as stated in the staff recommendation.
1-D Preliminary permit application for potential pumped storage hydroelectric facility at San Vicente Reservoir.
Staff recommendation: Submit a Preliminary Permit Application to the Federal Energy Regulatory Commission (FERC) for a pumped storage hydroelectric facility using San Vicente Reservoir as a lower reservoir.
Director Lewinger moved, Director Tu seconded and the motion passed unanimously to accept the staff recommendation.
2. Pipeline 3 Emergency Repair.
2-A Construction contract for Mission Trails Emergency Pipeline repairs.
Staff recommendation: Ratify the increase to the emergency construction contract to Vadnais Corporation for an amount not to exceed $1,300,000 to mobilize manpower, labor, and equipment to repair damage to Pipeline 3 (untreated water), stabilize Pipeline 4BII (treated water), and install an interconnect pipeline between Pipeline 3 and Pipeline 4 near Lake Murray.
Project Manager Hariri reported circumstances on the Mission Trails Emergency Pipeline Repair project that required an increase to the Vadnais Corporation emergency construction contract.
Vice Chair Johnson moved, Vice Chair Ferguson seconded and the motion passed unanimously to approve the staff recommendation to ratify the increase to the Vadnais Corporation emergency construction contract.
2-B Design-Build procurement for the Jackson Drive crossover emergency connection.
Staff recommendation: Approve procurement of a design-build contract for the Jackson Drive Crossover emergency connection project.
Mr. Hariri presented information about the need to obtain a design-build contract for the Jackson Drive crossover emergency connection.
Director Lewinger moved, Director Loveland seconded and the motion passed unanimously to approve the staff recommendation.
III. INFORMATION
There were no Information Items.
IV. ADJOURNMENT
There being no further business to come before the E&O Committee, Chair Knutson adjourned the meeting at 10:15 a.m.
LEGISLATION, CONSERVATION AND OUTREACH COMMITTEE
CALL TO ORDER/ROLL CALL
Chair Steiner called the Legislation, Conservation and Outreach Committee to order at 10:22 a.m. Committee members present were Chair Steiner, Vice Chair Irvin, and Directors Bond, Dailey, Ferguson, Lewanski, Lewis, Morrison, Price, Thompson, Williams, and Wornham. Absent were Directors Croucher and Rhinerson. Also present were Directors Brammell, Dixon, Johnson, Knutson, Lewinger, Linden, Loveland, Martin, Muir, Parker, Pocklington, Quist, Rogers, Sundram, 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 Manager Stapleton, General Counsel Hentschke, Assistant General Manager Cushman, and Director of Public Affairs Jacoby.
ADDITIONS TO THE AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There was a member of the public who wished to address the Committee. Chair Steiner stated the speaker was addressing the Proposition 84 issue and would speak at that time.
CHAIR’S REPORT
Chair Steiner stated that Directors representing the Water Authority at outreach events should actively participate in the networking process that typically takes place prior to the start of the program. She also stated that Directors should confirm the events they are attending and that AB 1234 reports concerning events attended are public records.
DIRECTORS’ COMMENTS
There were no directors’ comments.
I. CONSENT CALENDAR
1. Renewal of Professional Services Contract with Razzle Bam Boom for school theater program.
Staff recommendation: Renew a professional services contract with Razzle Bam Boom to perform 540 school assembly programs from September 2006 through June 2010 for a total not-to-exceed amount of $244,000.
Director Dailey moved, Director Irvin seconded and the motion carried unanimously, to renew a professional services contract with Razzle Bam Boom to perform 540 school assembly programs from September 2006 through June 2010 for a total not-to-exceed amount of $244,000.
II. ACTION/DISCUSSION
1. Legislative issues.
1-A Report by Carpi and Clay.
Legislative Advocate Jonathan Clay reported on issues in Sacramento and Legislative Advocate Ken Carpi reported on issues in Washington, D.C.
1-B Consider adoption of a position on The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 – Proposition 84.
Assistant General Manager Cushman provided an overview of Proposition 84, including a comparison of adopted principles, estimated analysis, recent water bonds, and Proposition 50 funding.
Mr. Joe Caves, author of Proposition 84, provided an overview of the proposition, including: what is Proposition 84; voter attitudes on source bonds; funding categories; safe drinking water and water quality projects; integrated water management and water quality; flood control; statewide water planning and design; rivers, lakes, and streams; beaches, bays, and coastal waters; parks and nature education centers; November ballot; and Proposition 84 supporters.
Director Irvin moved, Director Dailey seconded, to adopt a position of support of The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 – Proposition 84.
After discussion, Chair Steiner called for the question. The Board adopted a position of support on The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 - Proposition 84. Directors Steiner, Dailey, Price, Thompson, Williams, and Wornham voted yes to adopting a position of support. Directors Lewanski and Morrison opposed and Directors Bond and Ferguson abstained.
1-C Adopt position of Oppose on SB 187 (Soto), Drinking Water Contaminants.
Staff recommendation: Adopt position of Oppose on SB 187 (Soto)
Director Irvin moved, Director Dailey seconded and the motion carried unanimously, to adopt position of Oppose on SB 187 (Soto).
III. INFORMATION
The following items were received and filed:
1. Peak Treated Water Demand Management update
2. Status report on legislation and legislative positions
3. Water Conservation Garden report
4. Outreach activities for the month of May
IV. ADJOURNMENT
There being no further business to come before the Legislation, Conservation and Outreach Committee, Chair Steiner adjourned the meeting at 12:05 p.m.
WATER PLANNING COMMITTEE MEETING
CALL TO ORDER / ROLL CALL
Chair Saunders called meeting to order at 1:00 p.m. Committee members present were Vice Chairs Lewinger and Watton, Directors Dixon, Irvin, Linden, Loveland, Martin, Pocklington, Quist, Rogers, and Sundram. Committee member Rhinerson was absent. Also present were Directors Bond, Brammell, Dailey, Ferguson, Johnson, Knutson, Lewanski, Morrison, Muir, Parker, Price, Tu, Williams, and Wornham. 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, Assistant General Manager Cushman, Director of Water Resources Weinberg, Water Resources Manager Purcell, and Water Resources Manager Yamada.
ADDITIONS TO AGENDA
There were no additions to the agenda.
PUBLIC COMMENT
There were four members of the public who wished to address the Committee on the Regional Water Desalination EIR, item II 1-B on the agenda.
CHAIR’S REPORT
Chair Saunders stated that Public Comment would take place after the Closed Session.
Directors’ Comments
There were no Director comments at this time.
I. CONSENT CALENDAR
There were no items on the Consent Calendar.
II. ACTION/DISCUSSION
1. Regional seawater desalination.
1-A. CLOSED SESSION
Conference with Real Property Negotiator
Government Code §54956.8
Property: Property interests for a regional desalination project at the
Encina Power Plant site in the City of Carlsbad
Agency Negotiators: Maureen Stapleton, Daniel Hentschke,
Ken Weinberg
Negotiating Parties: Cabrillo Power, LLC;
Poseidon Resources, Inc.
Under Negotiations: Price and terms of acquisition
At 1:05 p.m., Chair Saunders directed Mr. Hentschke to take the Water Planning Committee into closed session.
The Water Planning Committee reconvened at 1:35 p.m. Mr. Hentschke stated there was no report from the closed session.
Chair Saunders prefaced the discussion of Item II. 1-B by recapping what occurred at the June 22, 2006, Board meeting: that staff presented a report on the EIR for the Regional Seawater Desalination Project at Encina, that public testimony was heard at that time, and the Board had voted to close all public testimony and consider approval of the item at the July 27, 2006, Board meeting.
1-B. Adopt Resolution Certifying the Final Environmental Impact Report for the Regional Seawater Desalination Project at Encina; Adopting Environmental Findings of Fact and Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; Approving the Project; and Authorizing Filing of a Notice of Determination.
Staff recommendation: Adopt a Resolution that:
a) Certifies that the Final EIR has been completed in compliance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines and reflects the independent judgment of the Board;
b) Adopts Environmental Findings of Fact and Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program;
c) Approves the Alternative 2 Site for the seawater desalination plant and the Preferred Alignment Alternative for the pipeline route as the selected project; and
d) Authorizes the filing of a Notice of Determination.
Mr. Purcell presented a report encompassing information about the Carlsbad-Poseidon EIR, the Water Authority EIR, NRG and Cabrillo’s involvement during the siting of the Water Authority project, an update regarding the Encina Power Plant status and its impact on the Water Authority project, and presented the Desalination Negotiation Advisory Team’s recommendation that the Board should not certify the Final EIR for the Regional Seawater Desalination Project at Encina.
Chair Saunders called on four speakers from the public who gave brief comments about the desalination issue:
- Rachel Lipsky, Attorney for Desalination Response Group, Encinitas, CA
- Conner Everts, Representative for California Water Shed Alliance, Encino, CA
- Joe Geever, Southern California Regional Manager for Surf Rider Foundation, Playa del Rey, CA
- Marcela Escobar Eck, Planning Director for the City of Carlsbad, Carlsbad, CA
The Committee discussion centered around the questions of what would be the consequences of not approving the EIR, and what responsibilities the Board owed to the City of Carlsbad under the agreement of understanding dated April 28, 2005. Board members voiced their commitment to pursue desalination as a solution for future water supply. Staff was requested to report back on the details of the agreement between the city of Carlsbad and San Diego County Water Authority.
Vice Chair Watton moved, Director Irvin seconded, and the following motion passed with one abstention by Director Quist:
1. Do not certify the final environmental impact report for the Regional Desalination Project at Encina;
2. Direct the negotiating team to terminate negotiations with Poseidon for acquisition of property interests for a regional desalination project at the Encina Power Station;
3. Reaffirm the Water Authority’s intention to perform its obligations under the agreement memorializing certain understandings and establishing a framework for cooperation dated April 28, 2005 with the City of Carlsbad and related agencies;
4. Direct staff to work with the Water Authority’s member agencies and report on what additional seawater desalination and other local supply alternatives could be pursued, and what were the key issues and solutions in implementation and facilitating seawater desalination.
III. INFORMATION
1. Water Resources Report.
The Water Resources Report was received and filed.
IV. ADJOURNMENT
There being no further business to come before the Water Resources Committee, Chair Saunders adjourned the meeting at 2:50 p.m.
IMPORTED WATER COMMITTEE
CALL TO ORDER / ROLL CALL
Chair Muir called the Imported Water Committee to order at 3:15 p.m. Committee members present were Directors Bond, Linden, Martin, Parker, Pocklington, Quist, Saunders, and Wornham. Committee members absent were Arant, Bowersox, Lewis, and Representative Slater-Price. Also present were Directors Brammell, Dailey, Dixon, Ferguson, Irvin, Johnson, Knutson, Lewanski, Lewinger, Linden, Loveland, Price, Rogers, Steiner, Thompson, Tu, Watton, and Williams. At that time, there was a quorum of the Board and the meeting was conducted as a meeting of the Board; however, only committee members participated in the vote. Staff present included General Manager Stapleton, General Counsel Hentschke, Assistant General Manager Cushman, Director of Imported Water Hess, Inter-Agency Program Manager Chen, Water Resources Manager 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 Muir discussed the Salinity control program tour that he attended in June.
4-A Director’s comments.
There were no comments from Directors.
I. CONSENT CALENDAR
There were no items on the consent calendar.
II. ACTION/DISCUSSION
1. Status report on the groundwater conjunctive use program RFP process for use of SB 1765 funds allocated to the Water Authority.
Mr. Jim Barrett, Water Utilities Director for the city of San Diego, addressed the Board. He acknowledged the criteria and decision to short-list proposals as shown in the staff report, but asked that the Board keep the local projects that were not on the short list as back-up projects for consideration if the short listed projects do not work out. He also requested that 10 percent of the State funds available for the project be set aside to fund studies for local projects.
Ms. Chen reviewed the groundwater conjunctive use program, the proposals selected, and upcoming negotiations. She addressed Mr. Barrett’s comments and stated that the Department of Water Resources would need to be consulted to see whether a set aside for studies would be eligible for the state funding.
Director Wornham made the following motion: Water Authority staff will organize a meeting of interested member agency General Managers to consider an appropriate level, if any, of grant program funding the Water Authority might provide its member agencies as seed money to sponsor the early conceptual stages of the development of local water supplies and storage. This funding program would be in addition to the Reclaimed Water Fund incentives the Water Authority already offers its member agencies. The group will give consideration to the possibility of using a portion of the SB 1765 funds towards this effort. The group of General Managers will report back to the Board with their findings and recommendations within 60 days and prior to the award of a contract for the groundwater conjunctive use program.
Director Saunders seconded the motion. After discussion by the directors, the motion was approved unanimously.
2. MWD Issues and Activities update.
2-A MWD Delegates report.
The delegates discussed MWD’s search for a new General Counsel, that a new Chairman of the board would be elected this year, and the MWD board’s role in the agreement between Los Angeles Department of Water and Power, Antelope Valley-East Kern Water Agency and MWD. Director Loveland stated that he was appointed chair of the new special committee on Human Resources.
2-B Los Angeles Department of Water and Power’s Agreement with Antelope Valley-East Kern Water Agency.
Mr. Hess reviewed the agreement and the issues. In response to questions from Directors, Mr. Hentschke said that MWD’s general counsel said that the agreement was lawfully executed under MWD’s rules; and that LADWP needed MWD’s approval due to the constitutional provision of service that applies to MWD. Directors commented on MWD charges that LADWP would avoid from this agreement and the MWD policy that allowed this agreement without informing or discussion with the board.
2-C Update on MWD’s Diamond Valley Lake Recreation Program.
This item was tabled to the August meeting.
3. Colorado River
3-A Report by Colorado River Board representative.
Chairman Bond referred the Board to the pickup packet report.
4. Quantification Settlement Agreement.
4-A QSA Quarterly report.
This item was noted and filed.
4-B QSA Ad-Hoc Committee report.
No meeting of this Ad-Hoc Committee was held this month.
4-C CLOSED SESSION:
Conference with Legal Counsel – Potential Litigation
Government Code §54956.9(b) – Three Cases.
4-D CLOSED SESSION:
Conference with Legal Counsel – Potential Litigation
Government Code §54956.9(c) – One Case.
No closed session meeting was held. General Counsel Hentschke noted that the IID Board recently voted to restructure the Local Entity. Regarding the lawsuits over the lining of the All-American canal, he stated that the defendants won at the federal level, but the plaintiffs would appeal this decision. On the State CEQA lawsuit brought by a group called Power, Mr. Hentschke reported that a hearing on a motion for preliminary injunction to stop the project would be held on August 10 and that the Water Authority was coordinating with others their response to this motion.
III. INFORMATION
The following information item was noted and filed:
1. Quarterly Bay-Delta report.
2. Imported Water Activities report.
IV. ADJOURNMENT
There being no further business to come before the Imported Water Committee, Chair Muir adjourned the meeting at 4:10 p.m.
FORMAL BOARD OF DIRECTORS’ MEETING OF JULY 27, 2006
1. CALL TO ORDER. Chair Bond called the Formal Board of Directors’
meeting to order at 3:00 p.m. He announced that after the presentations on the agenda were presented, the Formal Board meeting would be recessed for the Imported Water Committee meeting.
The following item was taken out of order:
7. PRESENTATIONS & PUBLIC HEARINGS
7-A Recognition of Linden Burzell upon his induction into the American Water Works Association Water Industry Hall of Fame.
7-B Recognition of Ben Haddad upon his retirement from the Board of Directors.
Ben Haddad thanked Chair Bond for his leadership, the City 10 members, and the city of San Diego water staff. He stated he had sat on many boards but none were run as well as the Water Authority’s Board and he attributed that fact to General Manager Maureen Stapleton. He stated he admired the work that the entire Board does and stated no issue is bigger than water and thanked the Board for letting him serve.
Chair Bond introduced Mr. Linden Burzell who served at the Water Authority as the General Manager for twenty years and has been involved in the water industry for sixty years. Chair Bond announced Mr. Burzell’s long list of accomplishments. Mr. Burzell expressed his appreciation to the Board.
Chair Bond recessed the meeting at 3:10 p.m.
Chair Bond reconvened the meeting at 4:15 p.m.
2. SALUTE TO THE FLAG. Vice Chair Loveland led the salute to the flag.
3. ROLL CALL, DETERMINATION OF QUORUM.
Vice Chair Loveland called roll. Directors present were Bond, Brammell, Dailey, Dixon, Ferguson, Irvin, Johnson, Knutson, Lewanski, Lewinger, Linden, Loveland, Martin, Morrison, Muir, Parker, Pocklington, Price, Quist, Rogers, Saunders, Steiner, Thompson, Tu, Watton, Williams, and Wornham. Directors absent were Arant (p), Bowersox (p), Croucher (p), Irvin, Lewis (p), Rhinerson, Sundram, and Representative Slater-Price.
3-A Report on proxies received.
Director Martin had the proxy vote for Director Lewis. Director Watton had the proxy vote for Director Croucher. Director Lewinger had the proxy vote for Director Arant. Director Dailey had the proxy vote for Director Bowersox.
4. ADDITIONS TO AGENDA. There were no additions to the agenda.
5. APPROVAL OF MINUTES. Director Thompson moved, Director Johnson seconded and the motion carried for a total of 94.30% of the vote, to approve the minutes of the Formal Board of Directors’ meeting of June 22, 2006.
6. OPPORTUNITY FOR MEMBERS OF THE PUBLIC WHO WISH TO
ADDRESS THE BOARD ON MATTERS WITHIN THE BOARD’S
JURISDICTION.
8. REPORTS BY CHAIRS
Chairman’s Report – Chairman Bond.
Chairman Bond reviewed the meetings that he had attended during the past month. He announced he met with the Helix Water District, Vista Irrigation District to honor Linden Burzell, Jim Barrett of the city of San Diego, he and Director Dailey met with Assemblyman Plescia, the memorial service of Don Cox, and the Water Association Quarterly Dinner.
Administrative and Finance Committee. Director Dixon announced all items had passed in Committee.
Engineering and Operations Committee. Director Knutson reviewed the committee meeting and announced all items had passed in Committee.
Legislation, Conservation and Outreach Committee. Director Steiner announced the contract with Razzle Bam Boom had been renewed and the Committee adopted a position of Support on the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 – Proposition 84. She stated the vote was six to Support, two to Oppose, and two abstentions. She then provided a majority and minority report. She stated the Committee also adopted a position of Oppose on SB 187
Imported Water Committee. Director Muir reviewed the Committee meeting and the item that was added.
Water Planning Committee. Director Saunders stated the Committee proposed an alternate resolution consisting of four parts regarding desalination at Encina which passed.
9. CONSENT CALENDAR
Director Lewinger requested that item 9-14 be pulled from the agenda. Director Ferguson moved, Director Muir seconded, and the motion carried at 94.30% of the vote, to approve the amended Consent Calendar. Abstentions and those voting no were listed under the item.
9-1. |
Treasurer’s report.
The Board noted and filed the monthly Treasurer’s report. |
|
|
9-2. |
Adopt Resolution to allow employees CalPERS retirement contributions from salary to be treated as a tax-deferred contribution.
The Board adopted Resolution No. 2006- 20 for “Employer Pick-Up” of employee’s retirement contributions from salary. |
|
|
9-3. |
Amend the Fiscal Year 2007 Classification and Salary Schedule to include the new classification of Public Affairs Manager and a salary range adjustment for Small Contractor Program Manager.
The Board adopted Resolution No. 2006- 21 amending the Fiscal Year 2007 Classification and Salary Schedule to include the new classification of Public Affairs Manager, salary range H and a salary range adjustment for Small Contractor Program Manager from range 35 to range 39. |
|
|
9-4. |
Professional services contract for construction management services for the Mission Trails projects.
The Board awarded a professional services contract to Nolte Associates, Inc., in the amount of $5,800,000 for construction management services for the Mission Trails projects. |
|
|
9-5. |
Professional services contract to Testing Services & Inspection, Inc.
The Board awarded a professional services contract for up to $2,500,000 or three years, whichever occurs first, to Testing Services and Inspection, Inc. to provide inspection and monitoring of permitted right of way encroachments. |
|
|
9-6. |
Third Amendment to professional services contract with Dudek & Associates, Inc .
The Board authorized the execution of the third amendment to the three-year, as-needed professional services contract with Dudek & Associates, Inc., to increase the total contract by $300,000, from $1,337,600 to $1,637,600, for right of way plan review, engineering and right of way services. |
|
|
9-7. |
Notice of Completion for the Olivenhain Dam landscaping project.
The Board accepted the Olivenhain Dam landscaping project as complete, record the Notice of Completion, and release all funds held in retention to Native Landscape, Inc., following expiration of Notice of Completion period. |
|
|
9-8. |
Professional services contract for design and support services for San Vicente Dam raise project.
The Board awarded a professional services contract to MWH Global, Inc. for $19,476,000 to provide design and support services for the San Vicente Dam raise project. The completion date of the design is June 2009 and September 2014 for the support services, which include public bidding, construction, reservoir fill, and warranty periods for the project. |
|
|
9-9. |
First amendment to the professional services contract with Project Design Consultants .
The Board executed the first amendment to increase the Project Design Consultants as-needed professional services contract currently valued at $150,000 by $125,000 to a total of $275,000, and extend the contract term to December 31, 2011 to provide survey services for the San Vicente Dam Raise project. |
|
|
9-10. |
Preliminary Permit Application for potential pumped storage hydroelectric facility at San Vicente Reservoir .
The Board authorized the submission of a Preliminary Permit Application to the Federal Energy Regulatory Commission (FERC) for a pumped storage hydroelectric facility using San Vicente Reservoir as a lower reservoir. |
|
|
9-11. |
Construction contract for Mission Trails Emergency Pipeline repairs .
The Board ratified the increase to the emergency construction contract to Vadnais Corporation for an amount not-to-exceed $1,300,000 to repair damage to Pipeline 3, stabilize Pipeline 4B, and install an interconnect pipeline between Pipeline 3 and Pipeline 4 near Lake Murray. |
|
|
9-12. |
Design-Build procurement for the Jackson Drive crossover emergency connection.
The Board approved procurement of a design-build contract for the Jackson Drive Crossover emergency connection project. |
|
|
9-13. |
Renewal of Professional Services Contract with Razzle Bam Boom for school theater program.
The Board renewed a professional services contract with Razzle Bam Boom to perform 540 school assembly programs from September 2006 through June 2010 for a total not-to-exceed amount of $244,000. |
|
|
9-15. |
Adopt position of Oppose on SB 187 (Soto), Drinking Water Contaminants .
The Board adopted a position of Oppose on SB 187 (Soto).
Director Rogers abstained on this item. |
|
|
9-16. |
Adopt Resolution Certifying the Final Environmental Impact Report for the Regional Seawater Desalination Project at Encina ; Adopting Environmental Findings of Fact and Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; Approving the Project; and Authorizing
Filing of a Notice of Determination .
The Board approved the following:
- Do not certify the final environmental impact report for the Regional Desalination Project at Encina;
- Direct the negotiating team to terminate negotiations with Poseidon for acquisition of property interests for a regional desalination project at the Encina Power Station;
- Reaffirm the Water Authority's intention to perform its obligations under the agreement memorializing certain understandings and establishing a framework for cooperation dated April 28, 2005 with the City of Carlsbad and related agencies;
- Direct staff to work with the Water Authority's member agencies and report on what additional seawater desalination and other local supply alternatives can be pursued, and what are the key issues and solutions in implementation and facilitating seawater desalination.
Director Quist abstained on this item. |
9-17 . |
The Board authorized the following:
Water Authority staff will organize a meeting of interested member agency General Managers to consider an appropriate level, if any, of grant program funding the Water Authority might provide its member agencies as seed money to sponsor the early conceptual stages of the development of local water supplies and storage. This funding program would be in addition to the Reclaimed Water Fund incentives the Water Authority already offers its member agencies. The group will give consideration to the possibility of using a portion of the SB 1765 funds towards this effort. The group of General Managers will report back to the Board with their findings and recommendations within 60 days and prior to the award of a contract for the groundwater conjunctive use program.
|
|
|
9-14. |
Consider adoption of a positionon The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 – Proposition 84.
The Board adopted a position of Support on The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 – Proposition 84.
The Board voted using the voting machine and the proxies were programmed into the voting machine. The following Directors voted yes representing 61.64% of the vote: Bowersox (p), Dailey, Johnson, Knutson, Lewis (p), Loveland, Martin, Parker, Price, Saunders, Steiner, Thompson, Tu, Williams, and Wornham. The following Directors voted no representing 26.64% of the vote: Arant (p), Brammell, Croucher (p), Lewanksi, Lewinger, Linden, Morrison, Muir, Quist, and Watton. The following Directors abstained representing 6.02% of the vote: Bond, Ferguson, Pocklington, and Rogers. Directors Irvin and Sundram were absent representing 5.70% of the vote not cast. |
10. ACTION / DISCUSSION
11. CLOSED SESSIONS:
|
11-A CLOSED SESSION:
Conference with Real Property Negotiator
Government Code §54956.8
Property: Property interests for a regional desalination project at the Encina Power Plant site in the City of Carlsbad
Agency Negotiators: Maureen Stapleton, Daniel Hentschke, Ken Weinberg
Negotiating Parties: Cabrillo Power, LLC; Poseidon Resources, Inc.
Under Negotiations: Price and terms of acquisition
|
|
11-B CLOSED SESSION:
Conference with Legal Counsel - Potential Litigation
Government Code §54956.9(b) - Three Cases
|
|
11-C 11-C CLOSED SESSION:
Conference with Legal Counsel - Potential Litigation
Government Code §54956.9(c) - One Case
|
Mr. 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 – Mr. Henschke announced the California Supreme Court decision regarding application of Proposition 218 to water rates. He stated he was evaluating the decision and would report back to the Board. He stated he would be participating in panels on this issue at upcoming conferences.
12-C ACWA-JPIA REPORT – Director Knutson reviewed the recent meeting he had attended.
12-D SANDAG REPORT – Director Dailey provided the SANDAG report and stated the SANDAG web site has a program that shows what is happening with the freeways.
SANDAG Subcommittee: Borders/Regional Planning Committee –
Director Williams provided the report and stated there is a committee to move jobs closer to where people live and create housing closer to jobs to reduce traffic on Interstate 15.
12-E AB 1234 COMPLIANCE REPORTS – No reports were given.
13. OTHER COMMUNICATIONS
Director Dixon announced Padre Dam had been working with the Lakeside Water District in an detachment process. He stated it would be coming back to the Board in August.
14. ADJOURNMENT
There being no further business to come before the Board, Chairman Bond adjourned the meeting at 4:45 p.m.
__________________________________
James H. Bond
Chairman
_______________________________
George I. Loveland
Vice Chairman
________________________________
Doria F. Lore, Clerk of the Board
|