VALLEY CENTER MUNICIPAL WATER DISTRICT
Regular Board Meeting
Monday, July 2, 2007
Time: 2:00 P.M.
Place: Board Room
29300 Valley Center Road
Valley Center, CA 92082
The Valley Center Municipal Water District Board of Directors’ meeting was called to order by President Broomell at 2:00 P.M.
ROLL CALL
Board members present were: Directors Broomell, Polito, Aleshire, Stone and Haskell. Staff members present were: General Manager Arant, General Counsel Cowett, Director of Finance Jeffrey, District Engineer Grabbe, Director of Operations Hoyle, Board Secretary Stetson, and IT Specialist Learue. Spectator present was Mr. Mair.
CONSENT CALENDAR
1. Upon motion by Polito, seconded by Stone and unanimously carried, the following consent calendar items were approved:
• Minutes of the Board meeting held June 18, 2007
• Audit demand check numbers 113962 through 114161
• Filing of the Notice of Completion for the Mizpah Reservoir Repainting Project
ACTION AGENDA
2. Request for Approval of Contract Amendment with DLT&V for SCADA Project and Purchase of Additional Radio Network Equipment:
Authorization to execute contract amendment No. 4 with DLT&V Systems Engineering, Inc. (formerly TMV Systems Engineering, Inc.) for additional work on the Supervisory Control and Data Acquisition (SCADA) project was requested. Also, the purchase of additional radio network equipment for installation with the Phase 1 and 2 construction contract for the SCADA Project was requested.
Amendment No. 4 to the contract with DLT&V Systems Engineering, Inc. for SCADA Design, Construction Management and System Integrator would be for the following tasks, which represent a net increase in the contract of $184,110 due to
reallocation of authorized tasks. Staff noted that funding for these tasks is available in the current budget appropriations as SCADA integration services for Phases 3 and 4 have been deferred.
~ Modifications to Phase 1 and 2 design
~ Modifications to Phase 1 and 2 construction management and systems integration
~ Eliminate Phase 3 and 4 design services and electrical record drawings
~ Modifications to design of control center
~ Additional work items for various related projects (Woods Valley WRP, Couser Pump Station and system maintenance)
The purchase of additional radio network equipment (22 Cisco radios and second radio network control for redundancy purposes) will allow for the orderly completion of the SCADA project. Funding for the radio equipment is available in the current budget appropriations. The cost for the radio equipment is $88,842.
Adoption of Resolution No. 2007-32 would approve TMV assignment of contract to DLT&V Systems Engineering, Inc., amendment No. 4 to the contract with DLT&V Systems Engineering, Inc. for the “not-to-exceed” amount of $1,690,000, and the purchase of 22 additional radios, additional radio network controller and related equipment for installation with the Phase 1 and 2 construction contract in the amount of $88,842.
Upon motion by Aleshire, seconded by Stone and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2007-32
RESOLUTION OF THE BOARD OF DIRECTORS OF
VALLEY CENTER MUNICIPAL WATER DISTRICT
FOR AMENDMENT NO. 4 TO THE DLT&V SYSTEMS
ENGINEERING CONTRACT FOR SCADA SYSTEM
IMPROVEMENTS AND AUTHORIZATION TO PURCHASE
ADDITIONAL RADIO NETWORK EQUIPMENT
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire, Stone and Haskell
NOES: None
ABSENT: None
3. Approval of Agreement for the Design of the Digester Improvements at the Lower Moosa Canyon Water Reclamation Facility:
Approval to enter into an engineering services agreement with R.W. Beck for the design of the recommended digester improvements at the Lower Moosa Canyon Water Reclamation Facility in the amount of $64,000 was recommended.
District Engineer Grabbe reported that R.W. Beck had completed a concept study outlining the expansion plan for build-out of the Lower Moosa Canyon Water Reclamation Facility to the ultimate projected capacity of 1.0 mgd. As a result of the study, initial improvements were recommended to both the aerobic digester and aeration basins. Plant operations staff made modifications to the aeration system that temporarily postponed the need for aeration basin improvements. A preliminary design of the proposed digester improvements was developed. These improvements are intended to solve the current aeration issues and increase the solids handling capacity of the existing digester to the 0.6 mgd plant design level.
Adoption of Resolution No. 2007-35 was recommended to authorize staff to complete negotiations and enter into task order agreements with R.W. Beck to provide engineering consulting services for the design of the proposed digester improvements at the Lower Moosa Canyon Water Reclamation Facility.
Upon motion by Aleshire, seconded by Polito and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2007-35
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE VALLEY CENTER MUNICIPAL WATER DISTRICT
APPROVING A CONTRACT WITH RW BECK FOR
ENGINEERING CONSULTING SERVICES FOR
THE MOOSA DIGESTER IMPROVEMENTS
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire, Stone and Haskell
NOES: None
ABSENT: None
4. Approval of Consulting Services Agreement with Marc Benner for Fiscal Year 2007-08:
Board approval to enter into a consulting services agreement with Marc Benner for Fiscal Year 2007-08 was requested.
District Engineer Grabbe explained that an agreement had been executed with Mr. Benner as an independent engineering contractor in FY 2006-07 to provide engineering related services for a total of 1,000 hours at an hourly rate of $55.00 per hour. Mr. Benner’s projects had included preparing draft documents of District Standard Specifications and Design Guidelines, On-Site Low Pressure Wastewater Design Guidelines and Specifications, a Sanitary Sewer Management Plan, plan checking and various other engineering tasks.
An agreement with Mr. Benner for Fiscal Year 2007-08 for engineering services will allow for completion of updates to the Standard Specifications and Guidelines, development of the Moosa Master Plan and provide technical support to the project managers. The proposed new agreement would be for 1,000 hours of engineering services work at an hourly rate of $55.00 per hour. As such, the contract amount would not exceed $55,000.
Upon motion by Aleshire, seconded by Polito and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2007-34
RESOLUTION OF THE BOARD OF DIRECTORS
OF VALLEY CENTER MUNICIPAL WATER DISTRICT
APPROVING A CONTRACT FOR CONSULTING
SERVICES WITH MARC BENNER FOR FY 2007-08
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire, Stone and Haskell
NOES: None
ABSENT: None
5. Water Conservation Message for Residential and Commercial Customers:
In conjunction with the San Diego County Water Authority, the message of the importance of conserving water due to the historic dry conditions in California and drought conditions in the Colorado River basin will be promoted. The Authority has launched its water conservation program challenging residents to save 20 gallons or more a day. A newsletter addressing the importance of increasing water conservation practices and outlining helpful water saving tips to achieve the desired water savings will be distributed to all District customers via an insert in the July 2007 water bills.
Metropolitan Water District will be initiating a region-wide radio and television advertising campaign beginning this summer that will offer consumers easy-to-follow examples of how they can save water and stretch supplies. The San Diego County Water Authority is working with Metropolitan to assure continuity of the conservation message in our region. It was noted that most of the water savings for residential and commercial accounts can be achieved outdoors as the programs to install high efficiency toilets and washing machines has been successful in the San Diego region. Information on landscaping with native and California Friendly plants, which are appropriate for our area, as well as a watering calculator, searchable plant database, and on-line tutorials on efficient irrigation systems and landscapes is available on websites listed in the District’s newsletter. They include www.bewaterwise.com, www.h2ouse.org and www.sandiego.gov/water.
6. Position of Oppose Regarding Senate Bill 964 (Romero) – Amendments to the Ralph M. Brown Act;
General Manager Arant stated that a position of “oppose” on Senate Bill 964 (Romero) is recommended. It was explained that in the case of Wolfe v. Fremont, the California court of Appeal held that a series of meetings between a manager and individual council or board members to discuss a particular policy, standing alone, could not be the basis for a violation of the Brown Act as such communications were not “serial meetings.” The court’s ruling stated that the series of individual meetings were permissible under the Brown Act because they did not result in a collective concurrence.
Senator Romero introduced SB 964 that would overturn the ruling in the Wolfe case and prohibit serial individual meetings. The proposed bill was subsequently amended and in its current form would restate the prohibition against serial meetings though permitted if they do not result in a collective concurrence. However, in the bill’s legislative intent section, it suggests that the legislation is intended to strike down the ruling in Wolfe v. Fremont. Thus, if a series of informational briefings between a staff member and a legislative member is challenged in court, the legislative intent language of SB 964 could be used as support to prohibit Wolfe-type meetings. If the Board approves the position of “oppose” of Senate Bill 964, a letter stating the District’s concerns will be forwarded to Assembly Member Torrico, Chair of the Assembly Governmental Organization Committee and ACWA.
Upon motion by Aleshire, seconded by Stone and unanimously carried, the position of “oppose” on Senate Bill 964 (Romero) was approved.
GENERAL MANAGER’S AGENDA
7. Review of Miscellaneous Informational Items:
General Manager Arant reported that at the June 28th San Diego County Water Authority Board meeting, rates and charges for Fiscal Year 2007-2008 and Calendar Year 2008 were adopted. The wholesale water rate will increase 8% effective January 1, 2008. The adopted budget for Fiscal Years 2007-2008 and 2008-2009 has an overall increase of approximately 11%. This increase is largely due to anticipated costs to operate the Lake Hodges hydroelectric facility and the Twin Oaks Valley Treatment Plant as well as capital improvement projects as the CIP budget was increased to $3.59 billion. Per the provisions of 218 pertaining to notification requirements for proposed rate increases, the District will mail notices to all customers by September concerning a public hearing to consider a pass through of these wholesale price increases.
A resolution supporting the Carlsbad desalination project was adopted by the Authority’s Board and the General Manager was authorized to submit letters supporting said project to the governor, legislative members and the Coastal Commission Chair, as well as appear before regulatory agencies such as the California Coastal Commission in support of the desalination project.
GENERAL COUNSEL’S AGENDA
8. Bay Delta Pumps:
The pumps on the Delta that divert water into the California Aqueduct are back on, however, the matter of shutting down the Delta Pumps until a determination is made that its operations are in compliance with the California Endangered Species Act is still before a judge. A hearing on this issue is scheduled for August 21st.
BOARD OF DIRECTORS’ AGENDA
9. ACWA/JPIA Executive Committee:
Director Aleshire reported that at the ACWA/JPIA Executive Committee meeting, the JPIA’s expense reimbursement policy was addressed in which the payment for alcohol beverages will no longer be allowed. The practice of paying for expenses incurred by directors’ spouses and guests at ACWA/JPIA functions is still under consideration. This matter will be reconsidered at the July 20th Executive Committee meeting. The ACWA/JPIA’s expense reimbursement policy will likely be discussed at the ACWA Board of Directors’ meeting and could be amended as the ACWA Board can override the actions of the ACWA/JPIA Executive Committee.
CLOSED SESSION
10. A Closed Session was called by President Broomell at 3:09 p.m.
● Government Code §54956.9(b) – Conference with Legal Counsel - Anticipated Litigation, Consideration of Claim against District
Claimant’s name: Altagracia Santamaria
● Government Code §54956.8 - Real Property Transaction, Conference
with Negotiator
Property: 11580 Betsworth Road, Valley Center
Agency Negotiator: Gary T. Arant, General Manager
Negotiating Party: WorldWater & Solar Technologies
Under Negotiation: Terms of Lease
RECONVENE
The regular Board meeting was reconvened at 3:36 p.m., and the following action was reported:
11. Claim for Damages – Altagracia Santamaria:
The Board unanimously voted to deny the claim for damages from Altagracia Santamaria.
ADJOURNMENT
12. Upon motion by Aleshire, seconded by Haskell and unanimously carried, the meeting was adjourned at 3:38 p.m. to Monday, July 9th at 8:00 a.m.
ATTEST: ATTEST:
____________________________ _______________________________
President Secretary