August 20, 2001

Regular Board Meeting

Monday, August 20, 2001

Time: 2:00 P.M.

Place: Board Room

29300 Valley Center Rd.

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. It was announced that former Director George W. Armstrong had

passed away in the morning. Mr. Armstrong had served on the Valley Center Municipal Water

District’s Board for 26½ years providing invaluable contributions to the water industry and the

Valley Center community.

Board members present were: Directors Broomell, Polito, Aleshire, and Stone. Staff members

present were: General Manager Arant, General Counsel Cowett, District Engineer Jewell, Director

of Finance Jarrell, Director of Operations Dacus, Manager of Accounting Jeffrey and Board

Secretary Stetson. Spectators present were: Messrs. Spire, Tebbs, Kramer, Medall, Johnson,

Orner, Gallup, Hawkins, Polito, Rogers, Wegener, MacIntosh, Ross and Mrses. Spire, Tebbs,

Kramer, Brand, Medall, Johnson, Orner, Polito, M., Polito, R., Terrell and Dineen.

1.

3. Public Hearing for the Lake Turner Recreational Proposal:

A background on the history of Lake Turner was provided by General Manager Arant in which

it was noted that the dam was completed in 1972, is 110 feet from the base to crest, has a

maximum storage capacity of 1600 acre feet, and has 43 acres of surface area. The District’s

reservoir property encompasses 280 acres. General Manager stated that recreational

proposals at Lake Turner have been proposed since its construction. Current efforts to

develop the Lake Turner property for recreational uses have been ongoing since 1997.

Lake Turner was used for storage of unfiltered aqueduct water to meet the District’s peak

agricultural water demands, however, the water is now available only as an emergency water

source since local run-off degraded the water quality and changes in drinking water standards

were adopted requiring filtration prior to use in the District’s potable water system. Filtration

of Lake Turner’s water supply is not economically viable.

An effort commenced in 1997 to evaluate the operational feasibility and economic viability of

recreational fishing at Lake Turner. It was concluded that recreational fishing was feasible,

but its economic viability as a self-supporting or profit making operation was questioned.

Alternative recreational uses of Lake Turner were pursued including direct operation by the

District, operated through the Valley Center Community Services District, and a contract

operation through private concessionaires. These alternative proposals were not feasible

due to the financial commitment and the Community Services District elected to not

participate. The proposal to enter into an agreement with organized youth oriented groups

for recreational development of Lake Turner was then pursued. Under this concept, Lake

Turner would be available for recreational development and operation by a consortium of

established youth oriented groups serving the Valley Center and greater inland North County

areas. Consortium members would consist of:

• Boy Scouts of America

• Girl Scouts of America

• Boys and Girls Club United

• YMCA of San Diego County, Palomar Branch

A Use Agreement between the District and the consortium members would be executed

setting forth rules and regulations for the recreational use and development of Lake Turner.

Possible activities at Lake Turner include: construction of trails, docks and camp areas;

boating/canoeing; catch and release fishing; day camping and possible overnight camping;

archery, and hiking. The Consortium would be responsible for:

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• Establishment of a governing structure to interface with the District,

• Determining the facilities to be developed and activities to be conducted, in compliance

with the District’s guidelines, and

• Paying for recreational development and ongoing operating costs and provide adequate

liability insurance coverage.

As envisioned, the District would improve the access road to Lake Turner and a parking area,

provide power and water services, and restroom facilities.

Proposed guidelines, which would be included in the Use Agreement for Recreation at Lake

Turner with the Consortium Members, were reviewed. They are:

• Hours of operation would initially be dawn to sun-down, with potential for future

overnight use.

• No access to the restricted area (dam face and south side of the lake’s property)

• No body contact with the lake

• No gasoline powered water craft

• Catch and release pole fishing

• No possession or use of alcohol, tobacco or controlled substances of any kind

• No possession or discharge of firearms

• No harassment of water fowl or other wildlife

• Fire in designated areas only

• Use capacity limited to 125 total at any time

Director Polito inquired if the Department of Forestry permits fires within camping areas

during fire season. Staff responded that restrictions on camp fires would need to be

investigated. Director Polito noted that there have been poachers at Lake Turner since its

construction and asked if trails exist within the proposed restricted area along the south side

of the lake’s property. Director of Operations Dacus replied that there are some narrow

paths on the property’s south side, but are overgrown with brush and poison oak. In

response to Director Polito’s question regarding testing of the water at Lake Turner, it was

explained that the water is tested weekly for turbidity. Tests for bacteriological characteristics

are not conducted as it is an emergency water supply source.

Director Aleshire commented that the District’s Lake Turner property, which is 280 acres, has

virtually no beneficial use to the District or the community. It is unlikely that the water in Lake

Turner will ever be used for emergency water. Continued retention of Lake Turner could be

questioned once additional emergency storage facilities being constructed come on line.

Director Aleshire voiced that the District’s property surrounding the lake, which is slightly over

200 acres, should be used in a constructive manner. As such, a beneficial use of this

valuable asset was sought. Director Aleshire noted that there are two viable options for the

use of Lake Turner, which are: 1) Recreational Use Agreement with established youth

oriented groups administered through a Consortium of such members or 2) sell the excess

property surrounding the lake. Director Aleshire stated that use of the lake by the youth

groups is the preferred option. He noted that other youth groups will have the opportunity

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to become members of the consortium and, therefore, use of the lake for recreation. Director

Aleshire added that concerns regarding fire and noise have been addressed through a

restriction of the south side, limited hours of operation and prohibition of certain activities

such as the use of microphones. Director Aleshire stated that he is hopeful that the general

public will see the value of the proposed recreational use of Lake Turner by the youth groups

and that the project will get underway.

Members of the Consortium addressed the Board to provide insight as to their envisioned use

of Lake Turner for recreational development as summarized below:

Greg Sietsema, representing the Boy Scouts of America, Kit Carson District - Opening

up Lake Turner for recreational use will provide the Boy Scouts many opportunities

including archery, boating, eagle scout projects and limited day camping. The Kit Carson

District is comprised of 80 units which serve Valley Center, Pauma Valley, Escondido and

San Marcos with approximately 1800 scouts. He expressed his appreciation for the many

opportunities that will be available for the scouts at Lake Turner.

Gary Wegener, Palomar Family YMCA, Escondido - The Palomar Family YMCA has

programs for approximately 1,000 children daily. Field trips to Lake Turner will enhance

their experiences providing exposure to outdoor activities and an appreciation of nature.

Mr. Wegener stated that recreational development at Lake Turner will be an excellent

addition to programs available to children that participate in the YMCA activities.

LaVonne Johnson, Girl Scouts of America - Mrs. Johnson stated that Lake Turner is a

great asset to be enjoyed by girl scouts that will provide learning experiences and an

appreciation of nature. Mrs. Johnson’s Valley Center troop has 9 children and there are

troops with up to 15 children. Any girl scout field trips to Lake Turner will include the

troop leaders and additional adult supervision.

Kay Brand, Boys and Girls Club United, Contract Manager - The Boys and Girls Clubs

in inland North County serve kindergarten through 12

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Staff responded that Lake Turner is a relatively small body of water and there is little

exchange of the water resulting in high turbidity levels. The lake is aerated, but during

hot weather algae blooms occur. The Consortium members are aware of the lake’s

condition and that body contact with the water will be prohibited.

Janet Gallup - The water smells, and the lake is full of algae. She noted that a trail exists

on the property which surrounds the lake. The lake is within a residential area and noise

is a concern as it will travel up the canyon. The highest concern is fire as Lake Turner

is in the middle of chaparral composed significantly of fire weed which is high in oil

content. The south side of Lake Turner, the proposed restricted area, is inaccessible to

fire trucks, putting the 14 homes directly above Lake Turner on this side in the path of a

fire that could start from children smoking cigarettes on the lake’s south side. She

questioned who would be liable for the damages. Mrs. Gallup expressed that it is very

irresponsible to allow children to be in a high fire hazard area that is surrounded by

residential homes.

Peter Orner (owner of parcel on Alps Way) - Very concerned about the potential for fire

from the activities at the lake. The Consortium are not experts nor do they have the

administrative ability to control any portion of the 280 acres. He asked if the Use

Agreement would have a term limit for review of renewal or if it was open-ended in its

duration. The area around the lake is residential and is becoming more and more

densely populated. He expressed his dismay that private organizations will be

developing facilities as they are not in the business of engineering or administrative

planning. The noise will channel up the canyon affecting his lifestyle which will only

intensify if overnight camping is allowed. He suggested that the acoustics, light impacts

and fire concerns be professionally investigated.

Rosalind Orner - Whatever is done, she would like to see the homeowners around the

lake enjoy quietness around their homes. Expressed concern about fire and her safety.

Suggested a fire expert review the proposed recreational project to obtain fire safety

suggestions.

Barbara Kramer (11778 Alps Way) - The proposed recreational use of Lake Turner is

children oriented, but the environment in this area that is treasured and must be

respected contains families of deer, bob cats, raccoons and cougars. She questioned

if the people will respect the animals including the Canadian geese that are present in

the winter months.

A neighbor, Pavina Sparrow, submitted a letter expressing concerns about the proposal

to develop Lake Turner into a recreational area and wished to add that, due to the small

size of Lake Turner, the larger lakes of Hodges and Dixon could better accommodate the

activities as proposed by the youth groups.

Shell Medall (11580 Turner Heights Drive) - Stated he is concerned about the potential

for fire on the Lake Turner property and surrounding properties. Recently he had called

the sheriff as trespassers on the District’s lake property had built a fire on the dam.

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Mitigation measures suggested were building fire breaks, and a pump station to draw

water from the lake with auxiliary power to combat a fire. Cost concerns were also

expressed and impact on water rates.

Vesta Dineen (11780 Alps Way) - Questioned why Lake Dixon and Lake Wohlford will

not be used for the proposed recreational activities as facilities are already in place, and

Daley Ranch for hiking experiences. Also, there will be traffic impacts on Betsworth

Road.

James Dineen - Concern is the noise and fire. Living on Alps Way, the activities at the

Los Vaqueros horse club off Betsworth Road can be distinctly heard and the noise from

the proposed recreational activities will be heard by the residents on Alps Way.

Kelly Spire (12045 Betsworth Road) - Asked if the District would be responsible to

construct and maintain a fire break circumventing its lake property. Concerns are fire

hazard, noise, pollution in the lake, and disruption of wildlife habitat.

Tom Kramer (11778 Alps Way) - Questioned why he was not contacted regarding the

proposed recreational use at Lake Turner as it is his life that will be affected. Concerned

about fire and the noise level. He asked what the District will do to protect him from the

affects of the proposed recreational development.

Bruce Tebbs (11763 Alps Way) - Dismayed that the residents affected by the noise and

fire dangers from the proposed recreational activities were not contacted. Concerned

that if troubled youth are at the lake, there could be pot smoked with the likelihood of a

fire erupting engulfing the homes on Alps Way. He asked that before a decision is made

that additional input from the surrounding residents be obtained.

General Manager Arant clarified that no decision has been made, and no agreements

executed for the recreational use of Lake Turner. To date, proposals for recreational

use of Lake Turner with the Consortium Members have been drafted which enable

discussion and public input on the proposals. Notices of the public hearing on this issue

were mailed to approximately 30 property owners within a 300 foot radius of the District’s

Lake Turner property boundary.

Carolyn Tebbs - Concern that the children, when on field trips, are very noisy and have

a lot of energy as she has witnessed with schoolchildren. Opposition to the proposed

recreational development at Lake Turner is mainly due to the fire danger. At present,

there are 4 youth organizations within the proposed Consortium utilizing the lake, but that

has the potential to increase resulting in increased noise levels and greater potential of

fire.

Sara Medall (11580 Turner Heights Drive) - Suggested obtaining input from the public

prior to developing proposed plans in which the participants may be affected by revisions

to the plans. Adult supervision near water needs to be extremely high, a ratio that can

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be provided by the State. A child in the water may be lost in the murky water. Body

contact with the water will occur and bacteria in the water could cause health problems

such as salmonella from the ducks. Mrs. Medall stated the Escondido Fire Chief

indicated that, at present, there is a prohibition on fire permits throughout California.

Stephanie Terrell (11625 Turner Heights Drive) - Expressed that the lake is polluted and

that thorough testing of the water should be undertaken as the runoff into the lake has

traversed the dairy property. An alternative solution should be explored. Reeds near the

lake would need to be removed for proper monitoring of the children. Fire is a grave

danger.

Will Rogers (11402 Betsworth Road) - Asked who would be called when problems arise.

Concerned about the span of control the District will have over the Consortium members,

noise, fires and children having body contact with the Lake Turner water. Communication

of the lake’s presence could increase the number of poachers. He stated that the

District’s Lake Turner property is zoned agricultural (A70), however, a Major Use Permit

and Environmental Impact Report may be needed for development of Lake Turner for

recreational activities as proposed. He urged involvement by those in attendance in the

proposed power plant on the Betsworth Pump Station property.

David Hawkins (11501 Betsworth Road) - He has had to tow cars of poachers at the lake

in order to access his driveway. He voiced that additional people using the lake will

create trash and traffic impacts.

Rose Polito (11922 Betsworth Road) - Asked who is in charge of the consortium for the

use of Lake Turner and who is responsible so that it is known who to call if something

goes wrong. Concern expressed was the parking noting that poachers at the lake park

on her ranch property as it has large frontage on Betsworth Road.

Bob Polito - Questioned who would be financing the proposed recreational development,

monitoring its usage and that it should be opened up to all residents. The danger of fire

is acute which could easily spread to surrounding properties. Bacterial count of the water

needs to be taken before children have contact with it as there is a danger of e-coli from

the dairy property. An increased awareness of the lake’s existence could result in more

poachers and there will be affects from illegal parking on residents’ property on Betsworth

Road.

A letter received from Pavina B. Sparrow of 11627 Alps Way expressing opinions on the

proposal to develop Lake Turner was read and is attached hereto as Exhibit “A”.

Additional comments on the development of Lake Turner for recreational purposes were

received as follows:

Wilson, Mr. (101 Turner Heights Drive) - When the fire on the south side starts, it will not

be stopped before it gets to the homes. An agreement between the District and the

Consortium for use of the lake should stipulate: 1) consortium limited to just boys’ and

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girls’ youth groups in the North County, 2) a limited term defined, subject to renewal, 3)

prohibition on camp fires, and 4) no PA systems, use of bull horns or radios allowed. The

District will be tasked with enforcing the consortium’s use of Lake Turner. Should

reconsider allowing anyone access to the Lake.

Keith Davis (11534 Betsworth Road) - Knows the importance of learning about resources,

and children learning about nature and land use. Scheduling problems will be

encountered as the area to be utilized may not accommodate the Consortium’s planned

activities. Noise from the recreational activities will impact surrounding properties as will

the proposed power plant. Want to preserve the rural community.

LaVonne Johnson (29101 Lilac Road) - The concern regarding fire from actions of the

supervised youth groups, as expressed by some of the property owners surrounding the

lake, is unlikely in comparison to poachers at the lake with a camp fire. The intent of

creating a consortium of youth groups to utilize the lake for recreational purposes is to

provide a place to conduct outside activities, the viewing and appreciation of nature and

wildlife.

The public hearing was closed at 2:55 p.m.

General Manager Arant addressed the issues and concerns expressed stating that the

proposed recreational use of Lake Turner was developed to a point where it was felt it was

appropriate to obtain public input. The Valley Center Community Services District was

approached concerning operating Lake Turner for use by the general public, but has

declined. The concept of a Consortium comprised of established youth groups to utilize the

lake for recreational purposes under the terms of an agreement was pursued. It is the

Consortium members who will be responsible for scheduling, funding the recreational

development and ongoing operating costs, and provide adequate liability insurance coverage.

The Consortium’s governing structure would interface with the District regarding proposed

facility development and activities. Regarding a concern that a fire could be started from

activities of the Consortium Members, it was reiterated that the Consortium will maintain

insurance coverage and that it is incumbent upon the property owners to maintain a minimum

of 50 feet of clearance between a structure and native brush. The Use Agreement will

stipulate that the Consortium Members will provide a level of insurance that the District’s

insurance carrier deems to be adequate. Nearby lakes are under the control of other

agencies; i.e. City of Escondido and the City of San Diego. Recreational activities are

available at these lakes and may currently be used by the youth groups. Lake Turner could

provide an alternate location for recreational activities. It was emphasized that the District’s

office should be contacted in the event a problem arises at the lake.

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4. Election of Vice President and Appointments of Board Representative to the Retirement Plan

Advisory Committee and ACWA-JPIA Director and Process to Fill Board Vacancy, Division 2:

Election of Vice President to the Board and the appointments of Advisory Committee member

to the District’s Retirement Plan and the District’s Director to the ACWA-Joint Powers

Insurance Authority are needed due to Director Armstrong’s resignation on August 6th.

Per Board direction to fill the Division 2 representative vacancy on the Board by appointment,

a Notice of Vacancy was posted in three conspicuous places throughout the District as well

as the District’s office. Said Notice was also published in the Valley Roadrunner Newspaper.

Applications will be accepted through to August 24, 2001. Candidates to fill the vacant Board

position must be registered voters and reside within Division 2. One letter of interest has

been received and there has been one phone inquiry.

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impacts the IID-SDCWA water transfer provisions will have on the environment and to fund

off-stream reservoirs to store surplus water. It also ensures compliance with environmental

processes and establishes a time-certain time frame for the environmental review process.

A key component of the 4.4 Plan is the San Diego County Water Authority-Imperial Irrigation

District Water Conservation and Transfer Agreement. Contained within the 4.4 Plan is the

new Surplus Operating Criteria for the Colorado River. Adoption of H.R. 2764 will assist in

completing the transfer agreement and, therefore, success of the California 4.4 Plan and

maintaining a full Colorado River Aqueduct for the next 15 years.

7. Approval for the Sale of Property Adjacent to the District’s McNally Reservoir Property:

Engineering Services Supervisor Gootee requested the Board’s approval to sell the District’s

40% interest in a .61 acre parcel (APN 128-271-32) which is adjacent to the District’s McNally

Reservoir property. The property had been transferred to the District in 1975, but was

foreclosed upon prior to the document being recorded which resulted in a questionable title.

Fallbrook Development Company has paid property taxes on this parcel since 1985 and

maintains an avocado grove on the property. A title company recently determined that the

District holds a 40% interest in this parcel.

Fallbrook Development Company, co-owner of the property with the District, has offered to

purchase the District’s interest in the parcel for $5,000 plus pay all title and escrow closing

costs. Sale of the District’s interest in this parcel to Fallbrook Development Company will

clear title and staff noted that the property is of little use to the District and is less than a

developable lot.

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8. Amendment to the Administrative Code to Increase Meter Relocation Fees:

9. Settlement for Damages Incurred on Gutierrez Property:

On June 25

10. Energy Resource Options Assessment:

Director of Finance Jarrell reported that a draft contract was received from Boyle Engineering

Corporation to complete the energy use analysis portion of the District’s energy resource

options study. Boyle Engineering will complete this analysis as a component of the Water

System Master Plan Update. It is anticipated that the contract with Boyle Engineering for the

energy use analysis will be presented to the Board for consideration of approval at the

September 4

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An analysis of the District’s electric bills for July shows that 6.5¢ per kwh was paid for all

meters along with an average transportation and distribution cost of 3.3¢/kwh. If the 6.5¢/kwh

cap was not in effect, the electricity would have been at 7.6¢/kwh with the 3.3¢kwh

transportation and distribution cost. Senate Bill 43X approved the 6.5¢/kwh cap to be

retroactive to February 7, 2001. A refund from SDG&E is expected for the period of February

7

11. ACWA Region 10 Election:

An ACWA Region 10 meeting will be held on September 12

13.