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Regular  Meeting

Governing Board of Sweetwater Authority

September 12, 2007

The Governing Board of Sweetwater Authority held a regular meeting on Wednesday, September 12, 2007, at the Sweetwater Authority Administrative Office, 505 Garrett Avenue, Chula Vista, California. Chair Beauchamp called the meeting to order at 6:00 p.m.

• ROLL CALL

Directors Present: Alkire, Beauchamp, Doud, Morrison, Pocklington, Thomas, Welsh

Directors Absent: None

Others Present: General Manager/Treasurer Bostad, Operations Manager Rogers, Legal Counsel Cowett, Treasurer Delegatee Farrow, and Board Secretary Schoonderwoerd. Staff members: Rick Alexander, Bill Olson, George Silva, Jim Smyth, Don Thomson, Tom Woodrum, and Dina Yorba. Also present: Mr. and Mrs. Todd Hillman and Mr. and Mrs. John Pool

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

• OPPORTUNITY FOR PUBLIC COMMENT (Government Code Section (54954.3)

Mr. John Pool, 5949 Lazy Trail Court, Bonita, stated that he was representing his family and neighbors in protest against the McMillin Water Tank cell phone antenna installation. He attended and made a presentation at the Operations Committee meeting this week and wished to also make the presentation to the entire Board. He stated that more and more public health officials, scientists, and doctors are concerned about the growing number of health issues because of cell phone antennas. There is concern about the risk of cancer, brain tumors, etc. from radio waves. He said the problem is that there is no other site at the same level and closeness as this site which affects their homes. He stated that his home was 95 feet from the site where the antennas would be installed, and his neighbor is within 120 feet of the site. Mr. Pool said that his neighbors have signed a petition which the Authority has, and he is still signing people up. Last night he attended a meeting of the Bonita Highlands Homeowner’s Association, which represents 667 homes, and they are going to provide a letter to present to the Board stating that they are also against this installation at this site. Mr. Pool’s main objection is that the site was deeded to the Authority for a water tank and water tank equipment, and now it is being turned into a communications site. He does not believe the Authority is being a good neighbor or following a good neighbor policy because it is changing what this site was originally intended for. He highly recommended that the Authority work with T-Mobile to find another site. He said there has to be other sites in the general area that are not in the close proximity to residential homes as this site is to their homes.
Note: Director Morrison entered the meeting at 6:03 p.m.

Mr. Todd Hillman, 5941 Lazy Trail Court, Bonita, agreed with Mr. Pool’s statements. He added that he has read Sweetwater Authority’s mission statement and suggested that the Board re-read it. He stated that they are just looking for some good neighbors, that they are taking all of the risks, that their futures are at stake, and that it is a big deal to them.

• CHAIR’S PRESENTATION
There was none.

ACTION CALENDAR ITEMS

1. ITEMS TO BE ADDED, WITHDRAWN, OR REORDERED IN THE AGENDA

Upon requests from Directors Thomas and Doud, Director Alkire made a motion, seconded by Director Welsh, that the Governing Board add reports on the Bonita Business and Professional Association meeting of August 28, 2007 and the CSDA San Diego Chapter Board meeting of September 12, 2007 to the agenda under Item 9; and the CSDA Special District Leadership Academy - Board’s Role in Human Resources course on November 9, 2007 as Item 8.F. The motion carried.

2. APPROVAL OF MINUTES

Director Pocklington made a motion, seconded by Director Doud, that the Governing Board approve the minutes of the August 22, 2007 meeting. The motion carried.

3. APPROVAL OF DEMANDS AND WARRANTS

Director Thomas made a motion, seconded by Director Doud, that the Governing Board approve Warrants 111215 through 111432 including all voided checks. The motion carried.

4. OPERATIONS COMMITTEE (Meeting of September 5, 2007)

A. Director Doud made a motion, seconded by Director Welsh, that the Governing Board direct staff to arrange for a workshop with the full Governing Board to discuss the proposed T-Mobile wireless telecommunication facility at the McMillin Tank Site. Director Doud stated that Mr. and Mrs. Hillman and Mr. and Mrs. Pool attended the Committee meeting and addressed their issues and concerns in opposition to the proposed cellular communication facility. Based on concerns of the neighbors and some Board members, General Manager Bostad stated that there would be value in conducting a Board workshop to provide an opportunity for discussion and a presentation from Jerrold Talmadge Bushberg, PhD., DABMP, DABSNM, an expert in health and medical physics. Additionally, the legal implications will be examined. T-Mobile will also be in attendance. Director Welsh stated that she appreciates the Hillman’s and Pool’s concerns, and that she takes the Authority’s mission statement very seriously, as well as being a good neighbor. Director Morrison noted the difference in this situation, which involves a decision about a tank site on the Authority’s property, as opposed to the same type of situation on private property for which the City could not deny a conditional use permit because of health concerns. Director Thomas recused herself from this discussion and vote due to a possible conflict of interest, which she will clarify with legal counsel before the workshop. The motion carried.

B. Director Doud made a motion, seconded by Director Thomas, that the Governing Board approve the easement quitclaim noted as Area A on the sketch as presented to the Board, with a value assessed at $14,425, and including the following conditions: 1) Return the ground topography within Area B on the sketch to a condition that will be usable in the future, requiring the installation of a retaining wall; 2) Implement Storm Water Pollution Prevention standards with Area B; 3) Execute a Hold Harmless Agreement with the Authority covering the remaining easement area; and 4) Redesign the site drainage within Area C. The motion carried.

C. Director Doud made a motion, seconded by Director Welsh, that the Governing Board approve Resolution 07-12 Authorizing Acceptance of Funding for the Zero Discharge Solar Distillation Research and Development Project Pursuant to the California Department of Water Resources 2006 Water Desalination Grants Implemented Under Chapter 6(a) of Proposition 50. The motion carried.

Upon said motion, the following Resolution:

RESOLUTION 07-12

RESOLUTION OF THE GOVERNING BOARD OF SWEETWATER AUTHORITY
AUTHORIZING ACCEPTANCE OF FUNDING FOR THE
ZERO DISCHARGE SOLAR DISTILLATION RESEARCH AND DEVELOPMENT
PROJECT PURSUANT TO THE CALIFORNIA DEPARTMENT OF
WATER RESOURCES 2006 WATER DESALINATION GRANTS
IMPLEMENTED UNDER CHAPTER 6(a) OF PROPOSITION 50

was passed and adopted by the following vote to wit:

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

D. Director Doud made a motion, seconded by Director Alkire, that the Governing Board reject all bids received for the solar power system at Bonita Valley Reservoir. The motion carried.

E. Otay Water District’s recycled water project within the Middle Sweetwater River Basin. This was an information item and no action was required by the Governing Board.
F. Status of regional fluoridation by the Metropolitan Water District. Operations Manager Rogers informed the Board that Authority customers will be notified of the possibility of receiving fluoridated water by way of a bill insert beginning this week. He distributed a question and answer fact sheet on fluoride created by Communications staff that will be available to customers on the website and as handouts. He also noted that an article will appear in the Sunday Union Tribune on fluoridation. Director Thomas inquired whether a database could be created to keep track of customers who call with concerns or sensitivities to fluoride. General Manager Bostad stated that this would be very difficult and impractical at this time and noted that the Authority’s communications to the public list good resources for any technical questions and concerns customers may have. This was an information item and no action was required by the Governing Board.

G. Question of copyright regarding Anthony Mercieca’s photos. This was an information item and no action was required by the Governing Board.

5. FINANCE AND PERSONNEL COMMITTEE (Meeting of September 10, 2007) (Agenda items reordered as follows)

A. Director Welsh made a motion, seconded by Director Doud, that the Governing Board award a sole-source contract in the amount of $33,671 to the Dionex Corporation, 3000 Lakeside Drive, Suite 116N, Bannockburn, IL 60015, for the purchase of a new Ion Chromatograph. The motion carried.

B. Director Welsh made a motion, seconded by Director Doud, that the Governing Board award a contract in the amount of $56,818 to Berggren & Associates, Inc., 6046 Cornerstone Court West, Suite 116, San Diego, CA 92121, for the 2007-08 design survey and construction staking services for pipeline replacements. The motion carried.

C. Director Welsh made a motion, seconded by Director Thomas, that the Governing Board award a sole-source contract in the amount of $18,000 to V&A Consulting Engineers, Inc., 1999 Harrison Street, Suite 975, Oakland, CA 94612, for Phase One of the Cathodic Protection Feasibility Study. The motion carried.

D. Proposed changes to Adjustments to Customer Water Bills Policy. Director of Finance Farrow outlined the proposed policy changes to the Board. The main points are that both the current and proposed policy recover the Authority’s water cost at wholesale rates; one adjustment to handle both identified leaks and unexplained usage is proposed; and a one-time-only adjustment per account for both residential and commercial is proposed. She presented examples and comparisons of high bill adjustments as calculated per the current and the proposed policy. The proposed changes are intended to simplify the process. Director Thomas recommended that the timeframe for customers to respond with an appeal be extended to 30 days as opposed to two weeks from notice.

Director Welsh made a motion, seconded by Director Thomas, that the Governing Board approve the proposed changes to the Adjustments to Customer Water Bills Policy, with an amendment to allow the submittal of letters of appeal within 30 days as opposed to within two weeks of the date of notice. The motion carried.

E. Director Welsh made a motion, seconded by Director Morrison, that the Governing Board approve an additional adjustment of $270.69, based on the amended Adjustments to Customer Water Bills Policy, and authorize a 12-month payment plan of $38.16 per month for Mrs. Lizama. The motion carried.

F. Director Welsh made a motion, seconded by Director Pocklington, that the Governing Board approve the proposed changes to Board Policy 510 – Per Diem and Reimbursement, setting the maximum reimbursement for daily lodging costs to be $225, unless published conference group rates or comparable lodging rates are available, and the maximum reimbursement for meals not included in conference registration to be $75 per day. The motion carried.

6. REPORT OF SWEETWATER AUTHORITY DIRECTOR TO THE WATER CONSERVATION GARDEN AUTHORITY

Chair Beauchamp attended the Garden Board meeting earlier today. He reported that the parking lot will be redone due to higher demand for parking, and a proposal for a children’s garden was abandoned due to greater focus placed on public education and awareness on conservation and water rationing. They are considering a virtual web on California friendly garden landscaping. Marisa Farpon, the Board Secretary, will be leaving and Otay, which currently holds the chairmanship, will consider supplying the secretarial support for the meetings. Attendance at the Garden has increased 200 percent from last year. Cuyamaca College President Perry is applying for a grant to be used to train water technicians. The Padre Dam MWD Board voted 3 to 2 to pull out of the Garden at the end of the fiscal year due to funding issues. General Manager Bostad said that the Garden is looking into other sponsorship options, including possibly Poseidon Resources. Director Beauchamp noted that the National City Electric Railway Museum is going to incorporate low water usage demonstration material, reviewed and endorsed by the Garden, so it can be another showcase for water conservation.

7. ACWA REGION 10 ELECTION BALLOT FOR 2008-2009 TERM

Director Welsh made a motion, seconded by Director Pocklington, that the Governing Board cast its ballot concurring with the ACWA Region 10 Nominating Committee’s recommendations as follows: Merle Aleshire, Chair; Peer Swan, Vice Chair; and Jan Debay, Darrell Gentry, Susan Hinman, Saundra Jacobs, and Jo Mackenzie, Board Members. The motion carried.

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

A. Director Welsh made a motion, seconded by Director Doud, that the Governing Board approve per diem for Directors who attended the First Friday Meeting on September 7, 2007 featuring a presentation on water conservation and the 20-Gallon Challenge by the San Diego County Water Authority. The motion carried.

B. Council of Water Utilities, San Diego County Meeting, StoneRidge Country Club – Tuesday, September 18, 2007, 7:15 a.m. – Program: Glen M. MacDonald, Professor of Geology and Ecology and Evolutionary Biology, UCLA. Directors wishing to attend this pre-approved event will contact the Secretary. No action was required by the Governing Board.

C. Sweetwater Authority Leader Tour, Richard A. Reynolds Desalination Facility – Friday, September 28, 2007, 11:30 a.m. to 3:30 p.m. meeting. A sign up sheet was distributed for those directors interested in attending this pre-approved event. No action was required by the Governing Board.

D. Water Education Foundation Climate Change: Water Adaptation Summit – Wednesday, October 3, 2007, 9:00 a.m. to 4:00 p.m. - Doubletree Hotel, Santa Monica, CA. No interest in attending this event was expressed by the Board members. No action was required by the Governing Board.

E. Western Coalition of Arid States 2007 Fall Conference – Renaissance Scottsdale Resort, October 31, 2007 – November 2, 2007. Directors wishing to attend this pre-approved event will contact the Secretary. No action was required by the Governing Board.

F. CSDA Special District Leadership Academy - Board’s Role in Human Resources course, November 9, 2007, Ontario, CA. This event is scheduled to be added to the September 26, 2007 Board agenda. No action was required by the Governing Board.

9. REPORTS BY DIRECTORS ON EVENTS ATTENDED

Director Doud reported on his attendance at the 14th Annual Urban Water Conference on August 23-24 and stated that drought-resistant plants are now referred to as climate-appropriate plants. Pete Silva, MWD, was a panel moderator on Colorado River shortage issues. A report was given by Santa Clara Water Valley Water District on their brackish desalination plant. They have just doubled their capacity to ten million gallons a day. Director Welsh added that this was a very good conference. Director Thomas stated that she was especially impressed with the authoritative nature of each of the speakers who were superb. She regrets that she did not participate in the pre-conference which featured the North-South roundtable discussion.

Reporting on the First Friday Meeting of September 7th, Director Doud said that Dennis Cushman was unable to attend and sent Jason Foster in his place to give the presentation on water conservation and the 20-Gallon Challenge. He stated that the City Attorney of San Diego was on the news today, mistakenly informed the public of a 20-Gallon a “month” challenge, and no one corrected him. Director Pocklington stated that Mr. Foster did a good job making the presentation. Director Thomas added that there were excellent handouts for the people from the business sector, and the YMCA had social services people in attendance. She stated that this was the third time that Jason Foster substituted for Dennis Cushman and did a very good job in each case. She added that she feels strongly about people who put their name on a program then have a substitute.
Chair Beauchamp announced that he was unable to attend the South County Economic Development Council on September 11th.

Director Thomas reported on the Bonita Business and Professional Association meeting on August 28th. She stated that the Bonita-Sunnyside Fire Protection District gave the presentation. They brought an antique truck and new fire trucks that displayed a tribute to the 9/11 firefighters. The theme of the presentation was on the past, present, and the future of the district. The district will be resubmitting a budget that will permit them to continue their efforts as paramedics and firefighters. This will be coming before voters and will provide an ongoing budget that will accrue over the years so that they will be able to function.

Director Doud reported on the CSDA San Diego Chapter Board meeting he attended earlier today. He stated that he was appointed chair of the nominating committee for the November chapter elections. There is a vacancy for Second Vice President, and he asked for any recommendations. The Secretary’s office is up for reelection, but Harry Ehrlich intends to remain. The chapter will sponsor a booth at the conference in Monterey in October.

10. MANAGEMENT REPORT

A. Report of Operations Manager Rogers: Mr. Rogers reported that there was an outbreak of plankton in the reservoir on August 27th. Once treatment with copper sulfate begins, it usually takes between 3-5 days to move all the way through the system. Any customers with complaints should be informed that it could take 3-5 days to resolve. He added that the Authority’s lab staff has been trying to find a certified lab to test for Quagga Mussels, without success. Staff did find, however, that the Bureau of Reclamation has been conducting this testing for many years. This information will be provided to the local agency and MWD Quagga Mussel group meeting tomorrow. The Bureau is prepared to run these tests at a cost of about $400 each. The Authority just needs to find the appropriate equipment to collect the samples.

B. Report of General Manager Bostad: Mr. Bostad reported that he has been asked to participate on a panel on regional solutions at the Surface Storage, Delta Conveyance and Regional Solutions Summit in Carlsbad tomorrow, which several Authority directors will be attending as well. The panel will talk about Southern California’s water vision for the future, including the Authority’s purchase contract for seawater desalination, the intertie storage project, and the South County Water Supply Strategy. He added that currently nine agencies have desalinated water purchase agreements, with a tenth very close to signing. They are requesting 66.9 thousand acre-feet, and the plant’s production is only 56 thousand acre-feet. This means the plant is fully subscribed, and adjustments to allotments may be forthcoming to accommodate new subscribers. This desalinated water translates to 10 percent of the water that is not subject to drought. He mentioned that there is a proposed signing event for the subscribers at 10:00 a.m. on October 24th, and he hoped the Chair and Mayor Morrison would be able to attend. He pointed out a September 12th article from the Voice of San Diego reporting on the high water usage of some city officials in light of the threat of water shortages looming and the call for reducing water use. He also distributed information to the Board members regarding their individual water consumption averaged over the last year.

11. DIRECTORS’ COMMENTS

Director Morrison stated that ACA 8, an amendment to the California State Constitution relating to eminent domain, failed on the Assembly floor. The cities’ initiative now contains protection for homes only. The Jarvis special interest group has a proposal out there that will hurt our water projects, as well as outlaw mobile home rent control. It looks now that either the Jarvis group will have to pull back or both initiatives will be on the ballot. Environmentalists, ACWA, and the cities are against the Jarvis bill.

Director Doud commented on a unique water saving device implemented in Minnesota.

Director Pocklington commented that Quagga Mussels are a big topic up at MWD, and they have allocated another $5 million to try to deal with them; $2 million has already been spent. He recommended that, because the East Coast has this problem as well, the federal government needs to get involved, especially in research. He added that the issues of healthcare and water will be raised in a special session in Sacramento.

12. CLOSED SESSION
There was none.

13. ADJOURNMENT

With no further business before the Board, Chair Beauchamp adjourned the meeting at 7:59 p.m.