September 16, 2002
VALLEY CENTER MUNICIPAL WATER DISTRICT
Regular Board Meeting
Monday, September 16, 2002
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.
ROLL CALL
Board members present were: Directors Broomell, Polito, Aleshire, Stone and Haskell. Staff
members present were: General Manager Arant, General Counsel Cowett, District Engineer
Jewell, Director of Operations Dacus, Acting Director of Finance Jeffrey, Water Facilities
Supervisor Stetson, Information Systems Specialist Learue and Board Secretary Stetson.
Spectators present were: Messrs. Veltri, Keeter and Bunts, representatives for the Mountain Gate
Development and Mr. Ross, Valley Roadrunner Newspaper.
CONSENT CALENDAR
1.
Upon motion by Aleshire, seconded by Haskell and unanimously carried, the following consent calendar items were approved:
• Minutes of the Board meeting held August 19, 2002
• Concept approval of the Lindley water line extension (TM #5028) consisting of
approximately 780 feet of 8-inch water main, three 6-inch fire hydrants, 12 water
services and other required appurtenances
• Quitclaim of Easements, Sky Ridge Development (File/Page No. 35245 recorded
February 25, 1964)
• Annual report of Professional and Consulting Agreements/Contracts, Fiscal Year
2001-2002
• Audit demand check numbers 90506 through 90856
• Treasurer’s Report for the period ended July 31, 2002
• Board of Director’s request for reimbursement of expenses and per diem
compensation
Valley Center Municipal Water District
Board of Directors’ Meeting
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ACTION AGENDA
2. Concept Approval of the Mountain Gate Project’s Water and Sewer Systems:
Development of the Mountain Gate Subdivision’s proposed sewer collection and water
distribution systems were reviewed by District Engineer Jewell.
Sewer Collection System:
C
Preliminary design report for a pressure sewer collection system was submitted in March 2001. It consisted of 7 District pump stations, 2 in-line pump stations at an approximate
cost of $1.8 million.
C
District informed proponents of the project that a gravity sewer system was preferred and that they would need to demonstrate that a gravity sewer system was not feasible before
a pressure sewer system would be considered.
C
A feasibility analysis for a gravity sewer system was submitted by the development’s proponents. Its system consisted of 15 District pump stations, 3 on-site pump stations
at an estimated cost of $3.4 million. The number of pump stations is necessary due to
the steep terrain of the property. The gravity system’s energy consumption would be
approximately twice that required to operate a pressure sewer system.
C
Staff was requested to reconsider a pressure sewer system for the Mountain Gate Development which would be presented to the Board. It was felt that such a proposal
should be reconsidered because a gravity sewer system to serve the proposed
development could pose more operational and maintenance challenges than the
pressure sewer collection system.
C
In June of 2002, a Preliminary Engineering Report for a pressure sewer collection system to serve the Mountain Gate Development was submitted to the District. The sewer
facilities include 6 District pump stations.
Staff proposed consideration of the pressure sewer collection system as presented in June
of 2002, with the following conditions:
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Formation of a sewer service assessment district providing a means to collect the sewer fees on the tax rolls.
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Developer provide maintenance equipment (i.e. maintenance truck, storage facility building) and spare pumps.
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Lift station would be designed to have storage, backup power, telemetry and alarms.
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Each of the on-site pumps would have dual pumps, storage, auto dialer, controls, alarms and location requirements for access.
Valley Center Municipal Water District
Board of Directors’ Meeting
3 9/16/2002
Water Distribution System:
In order to provide adequate water pressure and fire protection to all of the proposed lots
within the Mountain Gate Subdivision, a hydropneumatic pump system will be required.
Further, the relocation of the District’s 16-inch supply main will be required in order that the
District’s waterlines will be located within the planned development’s right-of-ways.
Mr. Sam Veltri, representative of the property owners of the Mountain Gate Subdivision, and
Keith Keeter, Latitude 33 Engineers, outlined the proposed water and sewer improvements.
Mr. Veltri stated that the property’s terrain is mountainous. The entry opposite of High Vista
Road off of Mountain Meadow Road will be improved to a signalized 4-way intersection with
sensors to identify cars waiting on the development’s access road. Maps outlining the
proposed location of the sewer collection system were reviewed in which the tie-in into the
sewer system is proposed at Legend Rock Road and Mountain Meadow Road. A majority of
the avocados existing within the proposed development will not be removed and will be
maintained by a homeowners’ association created for this purpose.
Upon motion by Aleshire, seconded by Haskell and unanimously carried, concept
approval of the water and sewer systems for the proposed Mountain Gate Project was
granted as described in the Preliminary Design Reports and amended by staff
comments.
3. Award of Contract for the Valley Center Pump Station Natural Gas Engine Replacement
No. 3:
Bids for the Valley Center Pump Station Natural Gas Engine Replacement No. 3 were opened
on August 20
th
in which the lowest was received from S.S. Mechanical Corp. at $309,560. Pump and Motor Supervisor Stetson recommended award of contract to S.S. Mechanical
Corp. noting that references for the firm have been verified. The budget for this project is
$329,700.
Upon motion by Aleshire, seconded by Polito and unanimously carried, the following
resolution, entitled:
RESOLUTION NO. 2002-33
RESOLUTION OF THE BOARD OF DIRECTORS
OF VALLEY CENTER MUNICIPAL WATER DISTRICT
AWARDING CONTRACT FOR VALLEY CENTER PUMP
STATION NATURAL GAS ENGINE REPLACEMENT #3
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire, Stone and Haskell
Valley Center Municipal Water District
Board of Directors’ Meeting
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NOES: None
ABSENT: None
4. Amendment to the Administrative Code to Decrease the Pump Zone Charges:
Acting Director of Finance Jeffrey reviewed that in early 2001, the District’s electrical pumping
rates peaked at almost 26¢ per kWh. During the period of high electricity costs, the District’s
pump rate stabilization reserve had been depleted ($1 million) with an additional $500,000
of pumping costs funded by the General Fund. Increases in the pump zone charges had
been implemented for an aggregate increase of 72%.
The District’s pumping costs have stabilized at approximately 12¢/kWh. Stabilization of rates
and the implementation of increases in the pump zone charges has resulted in a balance, as
of June 30, 2002, in the pumping rate stabilization reserve of $1,021,605 and repayment of
the funds used to stabilize pumping rates from the General Fund. Staff recommended
adopting a 15% decrease in the District’s pump zone charges to be effective with the billing
of October 15, 2002. Staff will continue to evaluate the District’s energy costs.
Upon motion by Polito, seconded by Haskell and unanimously carried, the following
ordinance, entitled:
ORDINANCE NO. 2002-10
ORDINANCE OF THE VALLEY CENTER MUNICIPAL
WATER DISTRICT AMENDING THE ADMINISTRATIVE
CODE TO PROVIDE FOR CHANGES IN WATER
SERVICE PUMP ZONE CHARGES
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire, Stone and Haskell
NOES: None
ABSENT: None
5. Status Report Concerning Additional Water Quality Testing:
At the meeting of August 19
th
, additional water quality testing for 89 pesticide chemicals had been authorized as requested by the San Diego/Imperial Organization for Cancer Control
pertaining to the concern of a cancer cluster in Valley Center. This list was developed from
data received from the EPA’s list of chemicals evaluated for carcinogenic potential and the
Department of Agriculture, Weights and Measures’ Pesticide Use Report of pesticides used
in the Valley Center zip code area of 92082 from 1990 to 2000.
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Board of Directors’ Meeting
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The list of 89 pesticide chemicals was forwarded to the Metropolitan Water District of
Southern California’s Water Quality Division for review. From this review, the Environmental
Protection Agency’s (EPA) cancer group rating, maximum contaminant levels, action levels,
public health goals, health advisory levels presence on the EPA candidate contaminant list,
requirement for unregulated monitoring, Metropolitan’s monitoring status and results, and the
EPA’s suggested analytical method number for the pesticide chemicals were determined. In
addition, the San Diego County Department of Agriculture, Weights and Measures has been
asked to review the list of pesticide chemicals to determine which are still in use and, if not
in use, when were they decertified or banned. With this information, the list of pesticide
chemicals to perform additional testing for could be finalized.
Of the 89 pesticide chemicals, there are 40 that have no certified testing procedure to
determine its presence in the water supply (i.e. EPA analytical method). A majority of the
pesticides on the list with no determined analytical method are those listed under the category
of “Questionable Carcinogen” by the local Valley Center Cancer Cluster committee.
General Manager Arant explained that staff will coordinate a meeting with the Valley Center
Community Response Team to review the testing data received and review pesticide
applications on a map. In this manner, the additional water quality testing sample points can
be focused in the areas with the greatest concern.
Quotes for the water quality testing have far exceeded initial estimates of between $2,500 and
$5,000. Due to complexities, the additional testing procedures may cost upward to $35,000.
Some water samples may need to be shipped to different parts of the country to laboratories
that can complete the tests. Additional costs are also associated with arranging for an
independent laboratory technician to collect the water samples and forward the samples to
the appropriate laboratories. In addition, staff proposed performing the full Title 22 testing
on samples taken from the District’s water system that is normally tested for by Metropolitan
to allay concerns and to retain professional consulting services from Maguire Environmental
Services to assist with the list of pesticides, testing procedures and analysis of test results.
Upon motion by Aleshire, seconded by Haskell and unanimously carried, the
expenditure of up to $35,000 to complete the additional water quality testing as
requested by the San Diego/Imperial Organization for Cancer Control was approved
contingent upon a consensus with the members of the Valley Center Community
Response Team regarding the pesticide chemicals to test for, testing procedures and
sample point locations.
6. Update on Proposition 50:
The Board’s position of “oppose” regarding Proposition 50, the “Water Security, Clean
Drinking Water, Coastal and Beach Protection Act of 2002", that will be on the November 5,
2002 ballot, is based on its excessive cost ($3.44 billion in general obligation bonds) with a
small percentage of the funds earmarked for water development projects and the majority to
fund acquisition of park land and open space property.
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Board of Directors’ Meeting
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The Association of California Water Agencies’ Board had taken no action on the proposition
at its July meeting, but directed the Executive Director, Steve Hall, to negotiate legislative
language regarding the “full mitigation” issue for in-stream projects funded by the proposed
bond. He had been further directed to obtain commitments from the bond proponents of a
future water bond that would include funds for construction projects. Mr. Hall has
communicated with ACWA members that legislation awaiting the Governor’s signature
clarifies the meaning of “full mitigation” for the November 5, 2002 bond, to allow maximum
flexibility for projects covered by “full mitigation”. In addition, a letter was sent to Senator
Mike Machado, one of the co-chairs of Proposition 50 campaign, written by the bond
proponents (Joseph Caves, Leslie Johnson and Gerald Meral) stating support for a 2004
water infrastructure bond if it is consistent with CalFED recommendations. Metropolitan’s
analysis indicates that if all the projects under Proposition 50 are funded, it will result in a net
water supply of 710,000 acre feet. With these new developments, Mr. Hall is recommending
that ACWA support Proposition 50 at the Board meeting of September 27
th
.
The Board unanimously voiced that the new developments pertaining to Proposition 50
provide no assurance that additional needed surface water storage facilities will be
constructed. Because of the absence of funding for storage facilities coupled with the
$5.7 billion cost of the bond measure, including principal and interest, the Board
reconfirmed its position of “oppose” for Proposition 50, the “Water Security, Clean
Drinking Water, Coastal and Beach Protection Act of 2002", and staff was directed to
convey this position to the ACWA Region 10 members.
7. California Special Districts Association Region 6 Board Election, 2002:
California Special Districts Association is conducting its 2002 Board elections in which the
District can cast its vote for a member for Region 6. The candidates are:
Patricia “Trish” Hannan, Vallecitos Water District
S. R. “Al” Lopez, Western Municipal Water District
James “Ski” Wolniewcz, Sweetwater Authority
The Board unanimously expressed support for Patricia Hannan.
BOARD OF DIRECTORS’ AGENDA
8. San Diego County Water Authority’s Board of Directors’ Meeting:
The following action taken at the San Diego County Water Authority’s Board meeting of
August 22
nd
was reviewed:
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County Water Authority Act - Motion was approved to establish an ad hoc subcommittee, appointed by the Chair, to review the County Water Authority Act and make
recommendations to the Board. General Counsel Cowett clarified that the Authority Act
as written provides that members of water district Boards of Directors may be that
district’s appointed member of the Authority Board of Directors without there being a
conflict. As such, the Authority’s Act waives the incompatibility of office which exists if
you are a member of an elected Board of Directors and also a Board member of the San
Diego County Water Authority. This language enables water districts’ Board of Directors
to serve at the SDCWA, but does prohibit members of City Councils from being members
on the Authority Board. However, two districts, Carlsbad Municipal Water District and
San Dieguito Water District evolved from districts to cities and became subsidiary
districts of their respective cities. The SDCWA representatives from Carlsbad MWD and
San Dieguito W. D. sit on the Authority Board not as Council members, but as water
district Board members.
A Council Member from National City is seeking appointment to the SDCWA as the city’s
Board Member. Due to the state law governing incompatibility of office, the Council
member is pursuing an amendment to the State statute which would permit his
appointment as a Member on the Authority Board representing National City. The
amendment being proposed would provide that a representative from National City that
sits on the Sweetwater Authority Board could also be a Board member of the San Diego
County Water Authority.
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Pipeline 6 - The Authority Board adopted and supported the multi-agency position on Metropolitan’s construction and reservation of the right-of-way for the 1
st
phase of Pipeline 6. The agencies are those that receive water from Metropolitan in the Skinner
service area which are Eastern M.W.D., Western M.W.D., Rancho California Water
District and the San Diego County Water Authority. The Authority’s position is that it will
not need capacity from Pipeline 6 until 2015 or possibly the 2030 planning horizon or
never. However, the Rancho California Water District will require capacity from
Pipeline 6 by 2008, or sooner. The agencies requested that Metropolitan construct a first
phase of Pipeline 6 to DePortola Road and continue pursuing all necessary project rights
of way. Mr. Gastelum of Metropolitan has countered that the project be deferred until
2004 when the San Diego County Water Authority will have completed its Regional
Facility Master Plan and know of its need for Pipeline 6. Further, if Metropolitan is to
proceed with Pipeline 6 at this time (design and acquisitions of rights of way),
Metropolitan will request reimbursement agreements with Western M.W.D. Eastern
M.W.D. and the San Diego County Water Authority be executed to reimburse
Metropolitan for expenses incurred pertaining to Pipeline 6 in the event that the pipeline
is not pursued in the future (i.e. San Diego County Water Authority decides it does not
need Pipeline 6).
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CLOSED SESSION
9. A Closed Session was called by President Broomell at 3:55 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
• Government Code §54956.9(b), Conference with Legal Counsel - Anticipated
Litigation
The Regular Board meeting was reconvened at 4:15 p.m. No action was reported.
ADJOURNMENT
10. Upon motion by Aleshire, seconded by Stone and unanimously carried, the meeting
was adjourned at 4:16 p.m.
ATTEST: ATTEST:
______________________________ _______________________________
Secretary President