June 18, 2001
VALLEY CENTER MUNICIPAL WATER DISTRICT
Regular Board Meeting
Monday, June 18, 2001
Time: 2:00 P.M.
Place: Board Room
29300 Valley Center Rd.
Valley Center, CA 92082
The Valley Center Municipal W ater 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, Armstrong, 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, and Board Secretary Stetson.
Spectators present were: Mr and Mrs. Davis, Messrs. Groh and Shaw, Mrs. Mason and Mr. Ross,
Valley Roadrunner Newspaper.
AUDIENCE COMMENTS/QUESTIONS
1. Clarification of Statements Contained in Roadrunner Newspaper’s Guest Opinion:
Mr. Keith Davis addressed the Board stating that he wished to provide clarification as
requested by General Manager Arant concerning statements contained in the Guest
Opinion he wrote which was in the Valley Roadrunner Newspaper’s June 13
th
edition. Mr. Davis stated that he had taken the opportunity to review the District’s file on the
proposed construction of a gas-fired turbine power plant on District property located off of
Betsworth Road. Mr. Davis questioned if there would be due diligence for this proposed
project by the District that includes an analysis of the human environment or impact on
surrounding properties as correspondence in the files indicates that California Power
Partners had concluded 70% of design of their proposal. Staff responded that California
Power Partners’ correspondence in which it is stated that 70% of engineering work has been
completed was in response to the District’s decision to seek recommendations to proceed
with a sole source provider, such as CPP, or request additional proposals or alternative
options. California Power Partners had relayed the information on the level of work
completed for the proposed power plant on District property, but the work has not been
released to the District and will be kept as proprietary information by CPP awaiting the
District’s action on pursuing the siting of a power plant. Once a proposal for the
construction of a power plant is received by the District, due diligence work will commence
including review and analysis of environmental impacts.
In the Guest Opinion it had been written by Mr. Davis that Dr. Dean Tibbs is a consultant
working for the District. Mr. Davis had concluded that Dr. Tibbs was working for the District
after reviewing staff’s memo for the May 21
st
meeting to the Board to obtain Board direction
Valley Center Municipal Water District
Board of Directors’ Meeting
2 6/18/2001
on proceeding with discussions and contract negotiations with California Power Partners
or securing additional alternative proposals. The memo states that if a generation facility
on District property is pursued, staff will retain the services of a consultant such as Dr. Tibbs
to negotiate the terms of the contract with the provider to secure the best possible deal for
the District and its ratepayers. General Manager Arant noted that Dr. Tibbs does not work
for the District at the present time as Board direction at the May 21
st
meeting was to retain the services of a consultant pursuant to obtaining recommendations on utilization of a sole
source provider, request proposals from power providers or alternative options for the siting
of a power plant. Dr. Lon House had been retained to provide these consulting services.
However, Dr. Tibbs’ services may be utilized to provide assistance in future contract
negotiations.
General Manager Arant further clarified that the environmental issues addressed in the
Guest Opinion article had not been presented by California Power Partners but rather by
District staff for presentation to the Board of Directors.
A report by homeowner Bob Delisle of North Smithfield, Rhode Island, was provided by
Mr. Davis in response to the District’s request to receive for review the information
referenced in the Guest Opinion by Mr. Davis regarding placement of gas fired turbine
power plants near residential areas. This report recounts Mr. Delisle’s experience living
near the Ocean State Power Plant and proposed Indeck Plant on the Slatersville Reservoir.
Also provided were internet sites pertaining to the proposed plant on the Slatersville
Reservoir. Mr. Davis concluded that conditions affecting the operation of a natural gas-fired
power generating plant are changing such as the price of natural gas which has recently
decreased. He asked that the decisions of the Board on this issue be carefully evaluated
as it will have long-term affects upon the community.
Elisabeth Mason of 11518 Betsworth Road noted that newspaper articles had reported that
Dr. Tibbs had an arrangement with the City of Escondido for payment for his services which
included a percentage of net profits. Mrs. Mason questioned how a consultant who would
receive a percentage of profits could provide an unbiased study for the City. General
Manager Arant explained that the City of Escondido had retained the services of Dr. Tibbs
to negotiate the best deal for the City of Escondido with the sole source power provider.
Dr. Tibbs was to receive a percentage of the City of Escondido’s net profits from the power
plant’s operations. Thus, a negotiated contract that would benefit the City of Escondido
would also be beneficial to Dr. Tibbs. The terms as negotiated by Dr. Tibbs, which were
very lucrative for the City, may have resulted in the power provider withdrawing from the
project.
CONSENT CALENDAR
2.
Upon motion by Aleshire, seconded by Stone and unanimously carried, the following consent calendar items were approved:
• Minutes of the Board meeting held June 4, 2001
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Board of Directors’ Meeting
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• Audit demand check numbers 85063 through 85215
• Treasurer’s Report for the period ended April 30, 2001
GENERAL MANAGER’S AGENDA
3. Review of Measures Taken to Reduce Energy Consumption and Preparations for Possible
Rolling Blackouts:
Measures that have been implemented and system modifications to enhance energy service
reliability were reviewed as listed below:
~ Check and replace/upgrade prime-time clocks
~ Use weather forecasting and system trends to balance pumping and water distribution
to achieve maximum efficiency of pumps and, as much as possible, pump during
off peak
hours.
~ Evaluated energy efficient products such as the Arc-Castle motor.
~ Continuing to replace old motors with premium efficiency types. A total of twelve motors
have been replaced in the last three years.
~ Currently in engineering phase of rebuilding Lilac Pump Station with more efficient
pumps, motors, switch gear, and SCADA .
~ Purchased two new efficient natural gas engines for the Betsworth Pump Station and
budgeted for two more for FY 2001-02.
~ Rebuilt electrical panels using
soft start
motor controllers at the following pump stations: Rainbow, Circle R, Hauck Mesa, Bingham Mesa, and Betsworth Forebay. West pump
station is in the process of being upgraded and Red Mountain pump station is slated for
FY 2001-2002.
~ Investigated using alternative energy sources such as solar. Currently using solar for
telemetry at two reservoirs and solar chargers for some construction equipment.
~ Pumps that are not on time-of-use meters are turned off during peak times whenever
possible.
~ Conducted in-house training on importance of conservation and energy efficiency.
~ Programmed office thermostats to automatically reduce temperature at night.
~ Established policy of shutting off lights when not needed.
~ Established policy of shutting off computers at night and programming them to go into
sleep mode when not used or after a few minutes of non-use.
~ Took advantage of SDG&E’s incentive program of installing energy efficient lighting.
~ Monitor power load on SDG&E’s website, and evaluate potential for rolling blackouts.
~ Purchasing a new and more efficient standby power generator for the Moosa Canyon
Water Reclamation Facility.
~ Purchasing two emergency standby power generators for VCMWD office.
~ Purchase emergency standby power generator for Meadows Sewer Lift Station.
Valley Center Municipal Water District
Board of Directors’ Meeting
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4. Status Report on Energy Resources Options Assessment and Review of Proposed
Resolution:
Following action at the June 4, 2001 Board meeting, Dr. Lon House was requested to submit
a proposal outlining the steps to complete a comprehensive assessment of the District’s
energy resources options. The data that can be utilized from the District’s existing Master
Plan, hydraulic model and GIS needs to be determined. The Association of California Water
Agencies (ACWA) may fund Dr. House’s efforts to assess current trends in the energy
market. Also, a draft resolution has been prepared by staff which sets forth the District’s
energy policies, goals and implementation objectives.
Dr. House’s proposal was reviewed by Director of Finance Jarrell. It consists of a 4-part study
as follows:
• An assessment of baseline resources and operations - power needs and resource
assessment and District operations review/benchmark
• Current market conditions and forecast of future conditions
• Development of options - cost-effectiveness recommendations
• Options Assessment
Tasks that may be funded by ACWA to be undertaken by Dr. House are review of the market
conditions, forecast of future conditions and availability and pricing of electricity. Consulting
services to complete the assessment of baseline resources and District operations is
expected to cost approximately $45,000 to $50,000.
Generation of hydro-electric power from District facilities such as Lake Turner or at a pressure
reducing station may not be cost effective as the flows are variable, dependent upon demand
in the system, and there are relatively small water flows for generation of hydro-electric
power. A component of the District’s Master Plan Update is analyzation of potential hydroelectric
generation.
As recommended by Dr. House, a resolution setting forth the District’s policies, goals,
objectives and procedures with respect to securing affordable and reliable energy resources
and the appropriation of funds therefore was drafted. Implementation measures to achieve
the goals of reducing and controlling energy costs associated with the District’s operations
include the components of Dr. House’s proposal for a comprehensive assessment of the
District’s energy resources options as follows:
Power needs and resource assessment
Review of District operations and power use efficiency
Review current conditions for electricity and natural gas
Forecast of future market conditions for electricity and natural gas
Review of energy resources options available to the District
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Board of Directors’ Meeting
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Community input
Options assessment
The resolution will be presented for the Board’s review and consideration of adoption at a
subsequent meeting. Staff will continue to refine the estimated costs to achieve the District’s
energy policies, goals and implementation objectives.
5. Resolution Setting the Fixed Charge Special Assessments for Fiscal Year 2001-2002:
Resolution No. 2001-29 to set the District’s fixed charge special assessments for Fiscal Year
2001-2002 for the Paradise Mountain annexation, delinquent and unpaid water bills and
Assessment District No. 96-1 was presented for consideration. The proposed assessments
are outlined on the attached Exhibit “A” and are summarized below:
Paradise Mountain Annexation Annual Assessment: Pursuant to annexation of 14.5 acres
on Paradise Mountain to the District in 1993, this annual assessment is allocated toward
repayment of the annexation charges. Four of the five affected parcels were sold and their
annexation charges have been paid in full. One parcel remains with an annexation charge
due.
Delinquent and Unpaid Water Charges: Per the provisions of the Water Code allowing
delinquent and unpaid water and other charges to be collected through the property taxes of
the property using the water or service, a total delinquency of $336.66 affecting two parcels
is eligible to be assessed through the tax roll for 2001-2002.
Assessment District No. 96-1: Assessment to meet the principal and interest obligations in
Fiscal Year 2001-2002 pursuant to the Moosa Sewer Treatment Facility improvements for
properties within Assessment District No. 96-1 (Treasures at Castle Creek development).
204 parcels will be assessed $729.92. Annual assessments will be made against properties
within this assessment district until September 2, 2017 or until the bonded debt is paid.
Upon motion by Armstrong, seconded by Polito and unanimously carried, the following
resolution, entitled:
RESOLUTION NO. 2001-29
RESOLUTION OF THE BOARD OF DIRECTORS OF
VALLEY CENTER MUNICIPAL WATER DISTRICT
ESTABLISHING FIXED CHARGE SPECIAL ASSESSMENTS
FOR 2001-2002 ON PROPERTY WITHIN PARADISE
MOUNTAIN ANNEXATION, UNPAID CHARGES FOR
WATER AND OTHER SERVICES, AND ASSESSMENT
DISTRICT NO. 96-1 PURSUANT TO WATER CODE
SECTIONS 72094, 72100, 72102 AND STREETS
AND HIGHWAYS CODE SECTION 8682
Valley Center Municipal Water District
Board of Directors’ Meeting
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was adopted by the following vote, to wit:
AYES: Directors Broomell, Armstrong, Polito, Aleshire and Stone
NOES: None
ABSENT: None
6. Resolution to Purchase Outstanding Participant Loans from the Retirement Plan:
The District’s defined contribution Retirement Plan was terminated as of June 2, 2001. The
Board had concurred with the proposal to purchase the outstanding loans made to
participants in the old retirement plan as it would allow for timely termination of the Plan in
accordance with Federal tax law. Board adoption of Resolution No. 2001-27 to formally
authorize the District’s purchase of employees’ outstanding loans from the Retirement Plan
was requested.
Currently, there are six loans outstanding with a balance of $92,231.66. Purchase of these
loans by the District as of July 1, 2001, was proposed. At the current interest rate of 12% on
these loans, the District will earn approximately $10,000 between July 1, 2001 and May 24,
2002. It was proposed that the loans be secured by the retirement plan’s collateral until
May 24, 2002. After May 24
th
, the collateral would be returned to the participant and each loan, at the employee’s option, would become a loan secured by real property with an
interest rate of 6% or an unsecured loan with an interest rate as provided in the note.
Of the six remaining outstanding retirement plan loans, one with an accelerated payment
schedule is expected to be paid in full by February 2002. As such, the balance of the loans
will be $57,300 as of May 24, 2002, when the collateral is returned to the participants. The
loans will continue to be paid by payroll deduction and it is felt that the potential for default
by an employee is minimal. Any default on a loan will be diligently pursued.
Upon motion by Aleshire, seconded by Stone and unanimously carried, the following
resolution, entitled:
RESOLUTION NO. 2001-27
RESOLUTION OF THE BOARD OF DIRECTORS
OF VALLEY CENTER MUNICIPAL WATER DISTRICT
AGREEING TO PURCHASE OUTSTANDING
PARTICIPANT LOANS FROM THE VALLEY CENTER
MUNICIPAL WATER DISTRICT RETIREMENT PLAN
was adopted by the following vote, to wit:
AYES: Directors Broomell, Armstrong, Polito, Aleshire and Stone
NOES: None
ABSENT: None
Valley Center Municipal Water District
Board of Directors’ Meeting
7 6/18/2001
7. 2001 Special Districts Election - LAFCO:
The Local Agency Formation Commission (LAFCO), which oversees the formation,
reorganization and dissolution of cities and special districts, is conducting its 2001 election
for Regular LAFCO member and to fill nine positions on the Special Districts Advisory
Committee. A mailed-ballot election is being conducted in which the deadline for receipt of
ballots by LAFCO is July 6, 2001.
Two nominations for the Regular LAFCO member and thirteen nominations for the Advisory
Committee were received. However, two nominations for the Advisory Committee were
withdrawn. Nominations were forwarded to the Nominating Committee which considered all
submitted nominations. LAFCO’s Nominating Committee recommended the following
candidates:
Regular District Member:
Ronald Wootton, Vista Fire Protection District
LAFCO Special Districts Advisory Committee Member:
Dan McMillan, Padre Dam Municipal Water District
Raymond Cruz, Vallecitos Water District
Barbara Barber, Helix Water District
Tom Pocklington, Bonita Sunnyside Fire Protection District
John Pastore, Rancho Santa Fe Community Services District
James Wolniewicz, South Bay Irrigation District
Judy Hanson, Leucadia County Water District
Darrell Jobes, East County Fire Protection District
Kevin Eggleston, San Miguel Consolidated Fire Protection District
Upon motion by Aleshire, seconded by Armstrong and unanimously carried, the Board
approved that the District’s ballots for the LAFCO Year 2001 Special Districts Mailed-
Ballot Election be cast by President Broomell per the recommendations of the
Nominating Committee.
8. Status Report on the Proposed Lake Turner Recreational Consortium:
Per direction of the Board, staff has proceeded with development of an operational agreement
with established youth groups for utilization of Lake Turner for recreation and youth
development activities. Meetings between potential members of the consortium, YMCA, Boys
and Girls Club, Girl Scouts of America and Boy Scouts of America, have been held and a
draft
“License to Use Lake Turner Recreational Use”
has been drafted and is currently being reviewed by the youth groups. Many rules and regulations to be included in the license
agreement still need to be drafted, and would be subject to approval by the signatory groups.
Valley Center Municipal Water District
Board of Directors’ Meeting
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The youth groups have begun the process of assigning tasks and responsibilities; i.e.
scheduling, contact responsibilities. The senior fishing groups have declined becoming a
member of the consortium but have offered their services as mentors. As part of the
agreement for use of Lake Turner by members of the consortium, all costs would be borne
by members of the consortium. Concern has been expressed by the youth groups that their
funding responsibility and financial exposure be limited to the funds they secure for their
recreational projects. The consortium does not want to be liable for expenses created by
others. These conditions will need to be set forth in the License Agreement.
The District will continue to operate and maintain the lake, including incidental access road
and parking area maintenance. It has been proposed that the District extend water and
power service to facilitate recreational use of the lake. Ongoing costs that will be borne by
the consortium include utility costs, trash disposal and clean-up, waste facility servicing and
other related expenses.
Consortium members have suggested that public input on the recreational use concept for
Lake Turner be obtained which could be accomplished by conducting a noticed public
workshop on this proposal. In this manner, concerns that may be expressed by residents
could be addressed in the rules and regulations to be set forth in the License Agreement for
the consortium members.
Staff was directed to determine the District’s costs that will be incurred to provide, on
a one-time basis, road access, water and power service to facilitate recreational use
of Lake Turner by the consortium members, and the ongoing costs to maintain the
access road and parking area. To be addressed by the consortium members is the
issue of limiting their funding exposure and liability and to set forth responsibility of
costs
.
CLOSED SESSION
9. A Closed Session was called by President Broomell at 3:42 p.m. pursuant to:
• Government Code §54956.9(c), Conference with Legal Counsel - Existing
Litigation
Name of case: Sweetwater Authority, et al. v. Dynegy, Inc., et al.
SDSC Case No. GIC 760743
The Regular Board meeting was reconvened at 3:57 p.m. No action was reported.
Valley Center Municipal Water District
Board of Directors’ Meeting
9 6/18/2001
ADJOURNMENT
10.
Upon motion by Aleshire, seconded by Polito and unanimously carried, the meeting was adjourned at 3:58 p.m.
ATTEST: ATTEST:
______________________________ _______________________________
Secretary President