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Regular  Meeting

Governing Board of Sweetwater Authority

July 26, 2006

The Governing Board of Sweetwater Authority held a regular meeting on Wednesday, July 26, 2006, at the Sweetwater Authority Administrative Office, 505 Garrett Avenue, Chula Vista, California. Chair Pocklington called the meeting to order at 3:31 p.m.

• ROLL CALL

Directors Present: Alkire, Beauchamp, Doud, Morrison, and Pocklington.

Directors Absent: Salas and Welsh.

NOTE: Director Salas entered the meeting at 3:32 p.m.

Others Present: General Manager/Treasurer Bostad, Operations Manager Rogers, Legal Counsel Cowett, Treasurer Delegatee Farrow, and Board Secretary Schoonderwoerd. Staff members: Rick Alexander, Janet Gonzalez, Hector Martinez, Scott McClelland, Sue Mosburg, Troy Murphree, Bill Olson, George Silva, Don Thomson, and Tom Woodrum. Also present: Marty Eberhardt and Mark Robak.

• PLEDGE OF ALLEGIANCE TO THE FLAG
Director Alkire conducted the pledge of allegiance to the flag.

• OPPORTUNITY FOR PUBLIC COMMENT (Government Code Section (54954.3)
There were no members of the public present for comment.

• CHAIR’S PRESENTATION
There was none.

ACTION CALENDAR ITEMS

1. ITEMS TO BE ADDED, WITHDRAWN, OR REORDERED IN THE AGENDA
Director Alkire made a motion, seconded by Director Doud, that the CALAFCO 2006 Annual Conference in San Diego on September 5, 6, and 7, 2006 be added to the agenda as Item 10 G. The motion carried.

2. PUBLIC HEARING (Government Code Section 54954.3)
Chair Pocklington stated that the Governing Board of Sweetwater Authority was holding a public hearing to give the opportunity for members of the public to address the Board regarding certification of the Final Environmental Impact Report (EIR) for the Robert A. Perdue Water Treatment Plant Master Plan for Future Plant Facilities. Chair Pocklington opened the public hearing at 3:33 p.m.

General Manager Bostad introduced Rick Alexander, Director of Environmental and Governmental Services, to give a brief update presentation to the Board on the project and the environmental documentation process. He introduced Troy Murphree, the Project Manager for the preparation of the EIR, and Don Thomson and Scott McClelland, who were available to answer any technical questions that the Board might have.

Mr. Alexander displayed a map of the project overview area and the existing pretreatment facility and dual media filters, which will be replaced by the implementation of Phase I. The second phase will be contained within the clearwell area, which currently stores up to 10 million gallons of treated water. The purpose of the project is to upgrade the water treatment process to comply with federal and state drinking water requirements and put the Authority in a position where the Enhanced Coagulation Rule (removal of disinfectant byproduct precursors) will no longer apply. This will include the removal of microbial pathogens Giardia lamblia, Legionalla, and Cryptosporidium. Another purpose is to upgrade the water treatment plant capacity for future production requirements. He gave a chronology of what has been done to comply with CEQA requirements beginning with the Notice of Preparation for the project in January 2009; the Notice of Completion and the Notice of Availability of the Draft EIR in May 2006; the open house on June 20, 2006; the receipt of one comment letter from the State Department of Toxic Substances Control; and finally today’s public hearing and the certification of the EIR.

Mr. Alexander showed a series of photos and overlay drawings of Phase I, which will be operational in plan by spring 2009. This would include the installation of a new membrane filtration system, a new pre- and post-filtration chemical control facility, and new water pipelines and drains. Also, the operation of the existing media filter modules would be discontinued. Phase II, which will occur incrementally from 2009 to as late as 2025, will include an increase in treatment capacity to 42 MGD, the ability to comply with future water quality regulations, an improved pretreatment system, replacement of the clearwell, construction of a solids handling facility, installation of ultraviolet disinfection, and potentially the installation of a hydro-turbine facility for power generation. A number of potentially significant effects were analyzed in the EIR to assure that they were addressed by the project and that measures were taken to mitigate any of these effects and their impacts to below the level of significance. A map showed the footprint of habitat impacts that would occur as a part of the plant upgrade, including the staging area and improvement of one of the roads to provide access to the construction area. Several habitat types were evaluated, but the impact of the Phase I upgrade is purely on coastal sage scrub.

Mr. Alexander said that another item running concurrently with certifying the EIR is obtaining a Habitat Loss Permit (HLP) from the California Department of Fish and Game. Through our participation in the NCCP program and the passage of SB 572 in the fall of 2003, we were able to apply for an HLP on June 28th to address 1.3 acres of coastal sage scrub, which is being reviewed by the California Department of Fish and Game and the Fish and Wildlife Service. It will allow us to take 1.3 acres of coastal sage scrub on a 2 to 1 mitigation ratio on our own property in our mitigation bank. Certification of the findings of that application is scheduled for Board action on August 23rd.

In conclusion, Mr. Alexander said that the final steps following the EIR certification today include: file a Notice of Determination with a copy posted at the Authority’s office; adopt the HLP findings on August 23rd; initiate site grubbing in September 2006; and schedule construction to begin in summer 2007. At this point, the floor was open to receive comments from the public. With no members of the public in attendance to provide comments, Chair Pocklington closed the Public Hearing at 3:44 p.m.

Director Doud made a motion, seconded by Director Beauchamp, that the Governing Board: finds and certifies that the final EIR has been completed in compliance with the California Environmental Quality Act, the State Guidelines, and the Authority’s Local Guidelines; has reviewed and considered the information contained therein making its decision on the project, and the final EIR reflects the independent judgment of the Governing Board; finds that each significant effect identified in the EIR will be mitigated and the mitigation monitoring and reporting program be adopted; and move approval and instruct staff to prepare and file a Notice of Determination pursuant to the Authority’s Guidelines. The motion carried.

3. ADOPTION OF RESOLUTION 06-07

Upon a motion made by Director Doud, seconded by Director Beauchamp, the following resolution:

RESOLUTION 06-07

RESOLUTION OF THE GOVERNING BOARD OF SWEETWATER AUTHORITY
CERTIFYING THE EIR FOR THE ROBERT A. PERDUE TREATMENT PLANT MASTER PLAN FOR FUTURE PLANT FACILITIES

was passed and adopted by the following vote to wit:

Ayes: Directors Alkire, Beauchamp, Doud, Morrison, Pocklington, and Salas.
Noes: None
Absent: Director Welsh
Abstain: None

4. APPROVAL OF MINUTES

Director Beauchamp made a motion, seconded by Director Alkire, that the Governing Board approve the minutes of the July 12, 2006 meeting. The motion carried with Director Salas abstaining due to her absence at the meeting.

5. APPROVAL OF DEMANDS AND WARRANTS

Director Doud made a motion, seconded by Director Beauchamp, that the Governing Board approve Warrants 106053 through 106251 including all voided checks. The motion carried.

6. FINANCE AND PERSONNEL COMMITTEE (Meeting of July 17, 2006)

A. CLOSED SESSION
In accordance with Government Code Section 54947.6, the Committee met in closed session to conference with the General Manager regarding labor negotiations. There was no reportable action.

B. Director Alkire made a motion, seconded by Director Doud, that the Governing Board approve the replacement of the International Parade and Fair community outreach event with the National City Automobile Heritage Day under Policy 511 – Training, Education and Community Outreach Policy. The motion carried.

C. Director Alkire made a motion, seconded by Director Beauchamp, that the Governing Board approve the 2006 membership renewal in the Western Coalition of Arid States and the payment of dues in the amount of $2,060. The motion carried.

D. Director Alkire made a motion, seconded by Director Beauchamp, that the Governing Board approve the 2006 membership renewal in the San Diego East Visitors Bureau and the payment of dues in the amount of $100. The motion carried.

E. Director Alkire made a motion, seconded by Director Salas, that the Governing Board approve a capacity fee that considers the buy-in method only, and instruct staff to publish a Notice of Public Hearing to be held on August 9, 2006, at 6:00 p.m. to formally adopt this capacity fee. Operations Manager Rogers said the storage assessment fee was developed in 1978 and has been $300 since then. He said there are many different methodologies that can be used. With the buy-in method, the total number of units is divided into the total amount of capital that you have in the system to reach the buy-in fee. Staff’s recommendation is to use the buy-in method and a fee of $2,300. Engineering Manager Martinez gave a presentation explaining the two methodologies. He said that the storage assessment fee was named such because the fees went almost exclusively into the building of ten water storage tanks, based on the 1978 cost of $300. Montgomery Watson Harza was retained to provide guidance and recommended two methods: the buy-in method and the incremental method. Based on 2004-05 Fiscal Year figures, the value of the system is $144 million with 62,780 equivalent dwelling units (EDUs). The incremental method is derived from dividing the cost to upgrade the system to increase capacity by the projected number of EDUs. The incremental fee is based on the value of future capital improvement projects and can only consider the portion attributable to adding capacity. Mr. Martinez used pipeline replacement and the Perdue Plant improvement costs projected over the next ten years to illustrate how the calculations are applied. This is how the incremental fee of $950 and the buy-in fee of $2,300 were reached. The average fee for the region is $3,700. The legal process for adjustment to the capacity fee includes conducting a public hearing. If approved, the fee will be implemented based on 327 gallons per day per EDU. The Rates and Rules would be modified to incorporate the new methodology. Payment of the new capacity fee would be required at the time of setting the meter. A process of appeal would be allowed if developers disagree with the calculation of the total EDUs. General Manager Bostad reminded the Board that the reason that the fee has been $300 for so long is that the growth pattern in the Sweetwater area was less than 2/10 percent. Now we are looking at over 2 percent growth, and it becomes important to evaluate how to help pay for growth of the system. The motion carried.

7. OPERATIONS COMMITTEE (Meeting of July 19, 2006)

A. Water Conservation Garden. Director Doud stated that the Operations Committee referred this item to the Governing Board for further discussion and action. Marty Eberhardt and Mark Robak spoke about the Garden to the Operations Committee and were present today to answer questions from the Board. Packets of information on the Garden and a staff memorandum were provided for each of the Board members. Director Doud made a motion, seconded by Director Beauchamp, that the Governing Board approve membership in the Water Conservation Garden at the pro-rated annual fiscal year membership rate of $30,000, effective January 1, 2007. In response to a question from Director Salas about what benefits Sweetwater Authority would receive in return for the $60,000 annual membership fee, General Manager Bostad replied that one of our Board members would sit on the Garden’s Board. The vision of the Conservation Garden is to provide a change in the use of water outside the house, which is where there is the largest potential for water conservation. In the past, discussion revolved around the fact that the Garden was in East County and that perhaps many of our customers would not have direct use or get any direct benefit. General Manager Bostad said, in the future, the County Water Authority’s toilet rebate program is expected to end. The approximately $35,000 Sweetwater Authority spends annually on that program could help offset the cost associated with joining the Garden. He believes there is a strong future for the Garden with potential benefits for Sweetwater by being a part of that leadership, and the entry costs are rather modest in comparison to the overall value of the Garden facilities. Director Salas wanted to see that visitation by Sweetwater customers was monitored, have that assessed in a couple of years to evaluate its benefit, and continue to direct our customers to the Garden.

Director Morrison inquired about how customers are made aware of the toilet voucher program. Administrative Services Director Woodrum said that a program is being developed to keep customers informed on the status of the toilet rebate program and, when it ends, customers will be informed about new conservation efforts aimed at exterior landscaping. Director Morrison expressed concerns about the availability of toilet rebate vouchers at home improvement stores, the lack of information available to customers, as well as the lack of knowledge on the part of sales people. He had concerns about ending the voucher program prematurely and about the value of the Garden to Sweetwater’s district, because of its location and the type of construction we have compared to the newer areas of growth in Otay Water District’s service area. Chair Pocklington said he supports the Garden because the construction in East County affects Sweetwater’s watershed, and educating people on the use of low water plants will help keep unwanted runoff out of the watershed. Director Alkire asked if other sponsors join the Garden in the future, would the rates be adjusted. Ms. Eberhardt said that would be a Board decision, because they are in the process of building their reserves for maintenance purposes and strengthening staffing. Chair Pocklington requested that staff inquire about the procedures to appoint our representative to the Garden’s Board, and he supported Director Beauchamp for that position. The motion carried.
B. Certification of the Environmental Impact Report for the Robert A. Perdue Water Treatment Plant Master Plan for Future Facilities. This item was addressed during the public hearing earlier in today’s meeting.

C. Director Doud made a motion, seconded by Director Beauchamp, that the Governing Board approve the request to quitclaim the Kimball Brothers easement on the property of Concordia Lutheran Church, Chula Vista, with the understanding that the owner will be responsible for all costs associated with processing the quitclaim. The motion carried.

D. Director Doud made a motion, seconded by Director Beauchamp, that the Governing Board award a contract in the amount of $272,314.25 to Koch-Armstrong General Engineers, Inc., 9709 Airport Vista Road, Santee, CA 92071, for the trench pavement work for the 2006-07 Metallic Main Replacement Program. The motion carried.

8. ADOPTION OF RESOLUTION 06-08

Upon a motion made by Director Beauchamp, seconded by Director Doud, the following resolution:
RESOLUTION 06-08

RESOLUTION OF THE GOVERNING BOARD OF SWEETWATER AUTHORITY
OPPOSING PASSAGE OF PROPOSITION 84,
“THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL,
RIVER AND COASTAL PROTECTION BOND ACT OF 2006”

was passed and adopted by the following vote to wit:

Ayes: Directors Alkire, Beauchamp, Doud, and Morrison
Noes: None
Absent: Director Welsh
Abstain: Directors Pocklington and Salas

9. REPORT OF THE SOUTH BAY IRRIGATION DISTRICT REPRESENTATIVE AND THE CITY OF NATIONAL CITY REPRESENTATIVE TO THE SAN DIEGO COUNTY WATER AUTHORITY

Chair Pocklington gave an overview of agenda items for the July 27th CWA Board meeting. On the Administrative and Finance agenda is an amendment to 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 Engineering and Operations agenda includes the Notice of Completion for the Olivenhain Dam landscaping project; the award of a professional services contract in the amount of $19,476,000 to MWH Global, Inc., for design and support services for the San Vicente Dam raise project; the first amendment to increase the as-needed professional services contract with Project Design Consultants and extend the contract term to December 31, 2011 to provide survey services for the San Vicente Dam Raise project; the Preliminary Permit Application for a potential pumped storage hydroelectric facility at San Vicente Reservoir; a construction contract for the Mission Trails Emergency Pipeline repairs; and procurement of the design-build contract for the Jackson Drive crossover emergency connection. The Legislation, Conservation and Outreach agenda includes a discussion and recommendation on Proposition 84, which the City of San Diego has recently supported, and adoption of a position to oppose SB 187 (Soto), Drinking Water Contaminants. The Water Planning agenda includes a closed session on the Regional Seawater Desalination Project and adoption of a resolution certifying the Final Environmental Impact Report for the Regional Seawater Desalination project in Encina. The Imported Water agenda includes updates on the Los Angeles Department of Water and Power agreement with the Antelope Valley East Kern Water Agency, which MWD General Manager Jeff Kightlinger spoke about at the recent Water Agencies Association dinner, and the MWD Diamond Valley Lake Recreation Program.

10. APPROVAL OF DIRECTORS’ ATTENDANCE AT MEETINGS AND FUTURE AGENDA ITEMS

A. Director Pocklington made a motion, seconded by Director Alkire, that the Governing Board approve per diem for Directors who attended the Chula Vista Bayfront Master Plan Citizens Advisory Committee Meeting on Monday, July 24, 2006. The motion carried.

B. Director Beauchamp made a motion, seconded by Director Doud, that the Governing Board approve per diem for Directors who attend the National City Automobile Heritage Day on Sunday, August 6, 2006. The motion carried. This event was approved under the Finance and Personnel Committee report earlier in this meeting as a replacement for the International Parade and Fair on the pre-approved community outreach event list in Board Policy 511 – Training, Education and Community Outreach. A resolution memorializing this change will be brought back to the Board for adoption.

C. Chula Vista Lemon Festival – Sunday, August 13, 2006, 10:00 a.m. to 5:00 p.m. Directors wishing to man the Authority’s booth for this pre-approved event will add their name to the sign-up sheet. No action was required by the Governing Board.

D. California Special Districts Association, San Diego Chapter Quarterly Meeting – Thursday, August 17, 2006 – 6:00 p.m. at the DoubleTree Club Hotel – Program: November Ballot Initiatives Panel – Pros/Cons on Issues and Impacts to Special Districts. Directors wishing to attend this pre-approved event will contact the Secretary. No action was required by the Governing Board.

E. Urban Water Institute 13th Annual Urban Water Conference – August 27-29, 2006, Hyatt Regency Islandia, Mission Bay, San Diego. Directors wishing to attend this pre-approved event will contact the Secretary. No action was required by the Governing Board.

F. AB 1234 Ethics Training – San Diego County Water Authority, Kearny Mesa Office - Thursday, August 31, 2006, 1:30 p.m. to 3:45 p.m. Directors wishing to attend this pre-approved event will contact the Secretary. No action was required by the Governing Board.

G. Director Pocklington made a motion, seconded by Director Doud, that the Governing Board approve per diem for Directors who attend the CALAFCO Annual Conference September 5 – 7, 2006 at the Westin Horton Plaza, San Diego. The motion carried.

11. REPORTS BY DIRECTORS ON EVENTS ATTENDED

Director Pocklington attended the Water Conservation Garden “Friends of the Garden Party” on July 13th, and noted that he believes the trend for conservation is shifting to outside watering. He said that, even though the Garden is not in our district and we don’t have many big lots, it will be worthwhile to encourage other people within our watershed to conserve. Director Beauchamp thanked the Board for supporting the vote to join the Garden. He believed the dialogue today was a very positive thing. Chair Pocklington said he was looking forward to his participation in the Garden.

Director Pocklington reported on the Sweetwater Authority Leader Tour on July 14th. He said Councilman Rindone attended and was very positive about the relationship between the Authority and the City of Chula Vista.

Director Pocklington said that the Council of Water Utilities meeting on July 18th provided a good education on retirement benefit costs. He does not think that we in the water business have a handle on the total cost for retirements. He believes that at some point in time it might be beneficial to hire someone to provide guidance on planning ahead. He then read an article from the Investment Business Daily reporting that 14 percent of U.S. companies plan to eliminate retired health benefits; 95 percent of firms plan to pull back or halt retired health benefits in the next five years; and only 33 percent of U.S. employers in 2005 offered current workers retired coverage, which is down from 66 percent in 1988. He said that the problems in the private sector at some point will show up in the public sector.

Director Morrison reported on the National City Chamber of Commerce meeting on July 19th, featuring a presentation on the expansion plans for Plaza Bonita, which will be increased from 900,000 square feet to 1.4 million square feet, and a Costco Warehouse will be built nearby.

Director Beauchamp reported that he saw some new people at the Chula Vista Nature Center Preview Reception on July 21st. General Manager Bostad thanked Sue King, George Silva and Joanne Price for their work in creating a significantly unique presentation of Sweetwater’s watershed. Director Doud said that from his observation, everyone liked the watershed exhibit.

Director Doud reported on attending the Bayfront Master Plan meeting on July 24th. There were approximately 200 in attendance. There will be no condos in the hotels, which was an immediate question. Pacifica developers will be building studio to 3 bedroom apartments. Representatives from Crossroads, the Audubon Society, the Environmental Health Coalition, the Chamber of Commerce, and Save the Bay were among those in attendance. The EIR will be out next month for public review, certification in the fall, and in spring 2007 Coastal Commission approval. State law requires alternatives which could result in more land swapping between the City and the Port, which may slow the project down. Director Salas attended the meeting as well and said Director Doud summarized it very well. She added that she was on the City Council when they first considered the land swap that led to this project, and she was very pleased with the terms of the letter of intent. She believes that the City of Chula Vista did a great job negotiating this.

12. MANAGEMENT REPORT

Report of Operations Manager Rogers: Mr. Rogers reported that he received several inquiries about how close the Horse Fire came to our watershed and if it affected Loveland Reservoir. He displayed a drawing as of 9:00 a.m. today comparing the boundaries of the Cedar and Otay Fires in 2003, the Viejas Fire in 2001, and the current Horse Fire. As of 1:00 p.m., infrared technology indicated that the intensity of the fire was dropping. It appears right now that it will not make it into our watershed. He also reported that Lake Skinner Treatment Plant has been at 95 percent capacity since Tuesday of last week, and went over 101 percent on one day. He added that, as usual, Sweetwater Authority has met all of its demands as the first and foremost most reliable water agency in San Diego County.

Report of General Manager Bostad: General Manager Bostad asked Legal Counsel Cowett to provide an update on a recent court ruling regarding the applicability of Prop. 218 on water and sewer rates. Mr. Cowett said that the Supreme Court ruled on the Big Horn case two days before. The Court ruled that Prop. 218 is applicable to increasing water rates, so this means that, in order to increase water rates, the 218 procedures must be followed, which requires a 45-day notice to property owners. Mr. Bostad said that staff is working on alternative schedules for the rate increase, which will be brought to the Board for consideration.

13. DIRECTORS’ COMMENTS
No comments from Directors were given.

14. CLOSED SESSION

At 4:58 p.m., in compliance with Governing Code Section 54957.6, the Board recessed to convene in Closed Session to confer with the General Manager regarding labor negotiations.

All persons left the Board Room, with the exception of the Board members, Management Team, Legal Counsel, Secretary, and Director of Administrative Services. There were no minutes taken, and the session was not tape recorded.

At 5:10 p.m., Chair Pocklington declared the meeting to be in open session, and there was no reportable action.

15. ADOPTION OF RESOLUTION 06-09

Upon a motion made by Director Doud, seconded by Director Morrison, the following resolution,

RESOLUTION 06-09

RESOLUTION OF THE GOVERNING BOARD OF SWEETWATER AUTHORITY
AUTHORIZING CHANGES TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN SWEETWATER AUTHORITY AND THE SWEETWATER AUTHORITY
MIDDLE MANAGEMENT GROUP

was passed and adopted by the following vote to wit:

Ayes: Directors Alkire, Beauchamp, Doud, Morrison, Pocklington, and Salas
Noes: None
Absent: Director Welsh
Abstain: None

16. ADJOURNMENT

With no further business before the Board, Chair Pocklington adjourned the meeting at 5:11 p.m., to the hour of 6:00 p.m. on August 9, 2006.