HomeMy WebLinkAbout03-03-10 Board AgendaOTAYWATER DISTRICT
BOARD OF DIRECTORS MEETING
and
OTAYWATER DISTRICT FINANCING AUTHORITY
(Organizational Meeting AND Regular Meeting)
DISTRICT BOARDROOM
2554 SWEETWATER SPRINGS BOULEVARD
SPRING VALLEY,CALIFORNIA
WEDNESDAY
March 3,2010
3:30 P.M.
AGENDA
1.ROLL CALL
2.PLEDGE OF ALLEGIANCE
3.APPROVAL OF AGENDA
4.APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF AUGUST 24,
2009 AND REGULAR MEETING OF NOVEMBER 4,2009
5.PUBLIC PARTICIPATION -OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO
SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S
JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA
CONSENT CALENDAR
6.ITEMS TO BE ACTED UPON WITHOUT DISCUSSION,UNLESS A REQUEST IS
MADE BY A MEMBER OF THE BOARD OR THE PUBLIC TO DISCUSS A PAR-
TICULAR ITEM:
a)REPORT ON DIRECTOR'S EXPENSES FOR THE 2ND QUARTER OF FIS-
CAL YEAR 2010
b)APPROVE THE ADJUSTMENT OF THE WHEELING RATE FOR THE DE-
LIVERY OF TREATY WATER TO THE CITY OF TIJUANA,AND THE RE-
FUNDING OF ACCUMULATED OVERPAYMENTS FOR PAST WATER DE-
LIVERIES TO RETURN THE DISTRICT TO A COST-NEUTRAL POSITION
WITH RESPECT TO THE WATER TRANSFER AGREEMENT WITH MEX-
ICO
c)APPROVE THE APOINTMENT OF DIEHL,EVANS &COMPANY,LLP,TO
PROVIDE AUDIT SERVICES TO THE DISTRICT FOR THE FISCAL YEAR
ENDING JUNE 30,2010
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d)REJECT TRANSPAC CLAIM
e)APPROVE THE ADOPTION OF THE MITIGATED NEGATIVE DECLARA-
TION FOR THE RANCHO DEL REY GROUNDWATER WELL PROJECT
f)APPROVE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUC-
TION MANAGEMENT SERVICES TO RBF FOR THE OTAY MESA RECY-
CLED WATER SUPPLY LINK PROJECT IN AN AMOUNT NOT-TO-
EXCEED $708,560
ACTION ITEMS
7.FINANCE AND ADMINISTRATION
a)REVIEW OF DETAILS RELATED TO THE PROPOSED DEBT ISSUANCE
TO FINANCE THE DISTRICT'S CAPITAL INFRASTRUCTURE (BEACHEM)
b)ADOPT RESOLUTION NO.4154 APPROVING THE JOINT EXERCISE OF
POWER AGREEMENT WITH THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY TO ESTABLISH THE OTAY WATER DISTRICT FINANCING
AUTHORITY;ADOPT RESOLUTION 4155 AUTHORIZING THE EXECU-
TION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT,A
BOND PURCHASE AGREEMENT,A CONTINUING DISCLOSURE
AGREEMENT AND AN OFFICIAL STATEMENT AND APPROVING A
TRUST AGREEMENT AND THE DISTRIBUTION OF A PRELIMINARY OF-
FICIAL STATEMENT IN CONNECTION WITH WATER REVENUE BONDS
AND APPROVING AND AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH;AND APPROVE THE SELECTION OF AN
UNDERWRITER FOR THE BONDS (BEACHEM)
8.RECESS OTAY WATER DISTRICT BOARD MEETING
9.CONVENE OTAY WATER DISTRICT FINANCING AUTHORITY GOVERNING
BOARD MEETING
a)ROLL CALL
b)PUBLIC PARTICIPATION -OPPORTUNITY FOR MEMBERS OF THE
PUBLIC TO SPEAK TO THE AUTHORITY COMMISSION ON ANY SUB-
JECT MATTER WITHIN IT'S JURISDICTION BUT NOT AN ITEM ON TO-
DAY'S AGENDA
c)ORGANIZATIONAL ITEM
i.RESOLUTION NO.2010-01 ADOPTING THE BYLAWS OF THE AU-
THORITY,WHICH PROVIDE,AMONG OTHER THINGS,THAT THE
MEMBERS OF THE BOARD OF DIRECTORS OF THE OTAY WATER
DISTRICT WILL SERVE AS THE AUTHORITY COMMISSION IN THE
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SAME CAPACITY AS SUCH DIRECTOR SERVES IN THE BOARD OF
THE DISTRICT AND THAT THE STAFF OF THE DISTRICT WILL BE
THE STAFF OF THE AUTHORITY (BEACHEM)
d)REGULAR BUSINESS
i.RESOLUTION NO.2010-02 AUTHORIZING THE ISSUANCE OF
REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED
$52,000,000 TO FINANCE THE ACQUISITION,CONSTRUCTION,IM-
PROVEMENT,RENOVATION AND EQUIPPING OF FACILITIES OF
THE OTAY WATER DISTRICT AND OTHER MATTERS RELATING
THERETO (BEACHEM)
10.ADJOURN OTAY WATER DISTRICT FINANCING AUTHORITY BOARD MEETING
11.RECONVENE OTAYWATER DISTRICT BOARD MEETING
ACTION ITEMS
12.ENGINEERING AND WATER OPERATIONS
a)AWARD A PROFESSIONAL AS-NEEDED CONSTRUCTION MANAGE-
MENT AND INSPECTION SERVICES CONTRACT TO VALLEY CON-
STRUCTION MANAGEMENT FOR AN AMOUNT NOT-TO-EXCEED
$175,000 [KAY]
13.BOARD
a)DISCUSSION OF 2010 BOARD MEETING CALENDAR
INFORMATIONAL ITEMS
14.THIS ITEM IS PROVIDED TO THE BOARD FOR INFORMATIONAL PURPOSES
ONLY.NO ACTION IS REQUIRED ON THE FOLLOWING AGENDA ITEMS:
a)CAPITAL IMPROVEMENT PROGRAM UPDATE REPORT FOR THE SEC-
OND QUARTER OF FISCAL YEAR 2010 [RIPPERGER]
REPORTS
15.GENERAL MANAGER'S REPORT
a)SAN DIEGO COUNTY WATER AUTHORITY UPDATE
16.DIRECTORS'REPORTS/REQUESTS
17.PRESIDENTS REPORT
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RECESS TO CLOSED SESSION
18.CLOSED SESSION
a)CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION [GOV-
ERNMENT CODE §54956.9(a)]
(i)MULTIPLE CASES RELATED TO THE FENTON BUSINESS CEN-
TER AND FILED WITH THE SUPERIOR COURT OF THE COUNTY
OF SAN DIEGO CONSOLIDATED UNDER CASE NO.37-2007-
00077024-CU-BC-SC
b)CONFERENCE WITH REAL PROPERTY NEGOTIATORS [GOVERNMENT
CODE §54956.8]
PROPERTY:INTENT TO PURCHASE WATER FROM A NEW SOURCE
AGENCY NEGOTIATORS:MARK WATTON,YURI CALDERON &BONI-
FACIO GARCIA
NEGOTIATING PARTIES:GOUGH THOMPSON,NS AGUA,AND OTHER
POTENTIAL SOURCES OF POTABLE WATER AND/OR THEIR DESIG-
NATED REPRESENTATIVES,SUCCESSORS OR OTHER AUTHORIZED
ENTITIES
UNDER NEGOTIATION:PRICE AND TERMS OF ACQUISITION,INCLUD-
ING BUT NOT LIMITED TO TIMING AND AMOUNT OF ACQUISITION
RETURN TO OPEN SESSION
19.REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION.THE BOARD MAY
ALSO TAKE ACTION ON ANY ITEMS POSTED IN CLOSED SESSION
20.ADJOURNMENT
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All items appearing on this agenda,whether or not expressly listed for action,may be de-
liberated and may be subject to action by the Board or the Authority Commission,as appli-
cable.
If you have any disability which would require accommodation in order to enable you to
participate in this meeting, please call the District/Authority Secretary at 670-2280 at least
24 hours prior to the meeting.
Certification of Posting
I certify that on February 26,2010,I posted a copy of the foregoing agenda near the
regular meeting place of the Board of Directors of Otay Water District and the Authority
Commission of the Otay Water District Financing Authority,said time being at least 72
hours in advance of the regular meeting of the Board of Directors (Government Code Sec-
tion §54954.2)and the Organizational and Regular Meeting of the Authority Commission
(Government Code Section §54954.2).
Executed at Spring Valley,California on February 26,2010.
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