VALLEY CENTER MUNICIPAL WATER DISTRICT
Regular Board Meeting
Monday, October 20, 2003
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.
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, Director of Finance Jeffrey, Project Engineer Grabbe and Board Secretary Stetson. Spectators present were Messrs. Doran, Olson, Konyn, Heyer, Lewis and Ross, and Mrses. Olson and Dodson.
1. Coordination of Sewer Improvements with Valley Center Road Improvements for the Southern Node Commercial Properties:
Audience members addressed the Board to express their concern regarding installing sewer conveyance facilities for the Southern Node property owners in conjunction with the planned County improvements to Valley Center Road. The Southern Node is property near Valley Center Road from approximately Lilac Road to Woods Valley Road.
Mrs. Dodson stated there is a definite interest in obtaining sewer service from an expanded Woods Valley Ranch Treatment Plant by the Southern Node property owners. Formation of an assessment district as a means to finance the sewer facility improvements was requested. Mrs. Dodson stated that the County’s estimates for completion of the Valley Center Road improvements to Banbury Road is April 2004 and the second phase to Cole Grade expected to be completed by the summer of 2004. Mrs. Dodson emphasized the importance of expediently pursuing the project of installing sewer facility improvements for the Southern Node property owners as excavation of a newly constructed roadway is not permitted for up to a 3 year period. Mrs. Dodson requested that the District mail letters to all property owners within the Southern Node to ascertain their interest in obtaining sewer service. The importance of installing a sewer line for the Southern Node property owners prior to the County’s completion of its planned road improvement plans was reiterated by Mr. Olson and he urged the District’s consideration of forming an assessment district to achieve this goal.
General Manager Arant explained that a number of meetings with the property owners within the Southern Node have been held and preliminary work has been undertaken which could lead to the formation of an assessment district for expansion of the Woods Valley Ranch Treatment Plant. It was reported that the Woods Valley Ranch has submitted an application to the County for modification of the MOU for the treatment plant that will facilitate its expansion. Staff noted that letters of interest to participate in an expansion project for the Woods Valley Ranch Sewer Treatment Plant have been received from several property owners within the Southern Node.
Once the County completes its 100% design plans for the Valley Center Road improvement project, design of the District’s water line in Valley Center Road can be finalized. This will also enable design of sewer facility improvements in the area. The County’s current estimate for completion of its design plans for the road improvements is November of 2003.
General Manager Arant stated that he will be meeting with Supervisor Horn to discuss the proposal of a combined treatment plant for the Woods Valley Ranch development and Orchard Run and ultimately the surrounding property owners. The District will mail a letter to canvass interest in sewer service from property owners near the Woods Valley Ranch development. However, a service area for the Woods Valley Ranch Treatment Plant will need to be established based on wastewater discharge capacity as well as consideration given to the feasibility of constructing sewer collection lines.
2. Upon motion by Aleshire, seconded by Polito and unanimously carried, the following consent calendar items were approved:
• Minutes of the Board meeting held October 6, 2003
• Quitclaim of a portion of an existing easement where the pipeline has been abandoned pursuant to the Sky Ridge Subdivision
• Audit demand check numbers 95995 through 96183 and wire disbursements 96163 through 96183
• Quarterly report of expense reimbursements per Government Code §53065.5
3. Proposed Lease Agreement for the Development of
for Recreation, Approval as to Form:
Following action at the September 2, 2003, Board meeting in which the conceptual proposal for an agreement between the District and Valley Center Parks & Recreation District was approved for recreational development of Lake Turner, a formal agreement was drafted by General Counsel. Such a conceptual proposal had also been approved by the Valley Center Parks & Recreation District at their Board meeting of August 28, 2003.
The agreement stipulates a term of 25 years beginning December 1, 2003, and that the Valley Center Parks and Recreation District shall use the Lake Turner property for the exclusive purpose of the design, construction, maintenance and operation of recreational facilities and the uses normally incident to that purpose. The agreement provides that recreational operations shall be conducted in a manner that will enable the District to utilize Lake Turner for its water purposes.
Per the agreement, a conceptual phase of master planning for the ultimate development of recreational uses of the Lake Turner property shall be completed by the Valley Center Parks & Recreation District by June 30, 2005. A consultant shall then be retained to develop a detailed facility master plan requiring the District’s approval. Following District approval of the master plan, an environmental review shall be completed and applications processed for all required regulatory and land use permits and approvals. Within 12 months of approval of the Facility Plans, the Valley Center Parks and Recreation District shall initiate recreational use on the Lake Turner property. Formal action on the Lease Agreement by the Valley Center Parks and Recreation District Board is scheduled for their meeting of October 23, 2003.
Upon motion by Aleshire, seconded by Stone with Director Polito abstaining, the form of the draft Lease Agreement for the Development, Operations and Maintenance of Lake Turner Lands was approved.
4. Revisions to the District’s Specifications for Developer and Capital Improvement Projects:
Approval of proposed modifications to the District’s “Standard Specifications for the Construction of Water Mains and Facilities” and the District’s Capital Improvement Specifications were requested. Said modifications would provide that:
▪ Four working days’ notice is required to be given by a contractor for a shutdown that will allow the District to notify affected customers.
▪ Shutdowns for a customer cannot exceed two shutdowns in any calendar week nor two consecutive days.
▪ Contractor must be ready to perform the work prior to requesting the shutdown which will prevent notification of customers and then cancellation of the shutdown.
▪ The revised meter design of a dual meter system consisting of a dedicated fire meter and a domestic meter is reflected on revised Standard Drawings No. W-2 and W-3.
Upon motion by Aleshire, seconded by Polito and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2003-35
RESOLUTION OF THE BOARD OF DIRECTORS OF
VALLEY CENTER MUNICIPAL WATER DISTRICT
ADOPTING AMENDMENT #5 TO THE “STANDARD
SPECIFICATIONS FOR THE CONSTRUCTION OF WATER
MAINS AND FACILITIES” AND APPROVING INCORPORA-
TION OF THE SAME CHANGES INTO THE DISTRICT’S
CAPITAL IMPROVEMENT SPECIFICATIONS
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire, Stone and Haskell
5. Amendment to Lease Agreement with Mountain Union Telecom:
Mountain Union Telecom has a lease agreement with the District for use of approximately 500 square feet of the Meadows Reservoir site. Director of Finance Jeffrey explained that the lease was executed in October 1999 providing for a base rent in the first year of $6,000 with increases to $15,000 for calendar year 2003. The annual rent is scheduled to increase to $19,000 effective January 1, 2004. In the first four years of the lease, Mountain Union Telecom has paid the District $42,000 in rental fees. The agreement also provides that the District shall receive the greater of the base rent or 20% to 30% of revenue received by Mountain Union Telecom.
Per the terms of the lease agreement, Mountain Union Telecom constructed a tower on the Meadows Reservoir site which has been marketed to cellular, paging and radio repeater businesses. To date, only one lease agreement of the tower has been executed and the base rent to the District has exceeded the revenue received. Mountain Union Telecom has requested a reduction in their rental fee or they will exercise termination of the agreement which could become effective January 1, 2004. Amendments proposed to the Lease Agreement would provide:
A base rent for the period January 1, 2004 through December 31, 2004 to be the greater of $6,000 or 80% of the gross rent, but not more than $19,000. The rental amount would still be increased annually by at least 5% for inflation. The District would still receive 20% to 30% of rents if greater than the base rent.
A provision for a shorter termination of lease notification period for the District (6 months advance notice). However, the District would have no right of termination in the event the lessee pays the base rent originally stated in the Agreement within 30 days of lessee’s receipt of the notice of proposed termination.
Upon motion by Aleshire, seconded by Stone and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2003-36
APPROVING A FIRST AMENDMENT TO THE LEASE
WATER DISTRICT AND MOUNTAIN UNION TELECOM, LLC
AND AUTHORIZING THE GENERAL MANAGER TO SIGN
GENERAL MANAGER’S AGENDA
6. Long-Range Capital Financial Plan:
The model for the District’s long-range capital financial plan has been received and is being reviewed. The capital financing plan will be pursued now that the restrictions associated with the Mexican Fruit Fly and Exotic Newcastle Disease have been removed that affected agricultural operations and, hence, potential impact on District revenue. In addition, the State’s budget was adopted with no reduction in the District’s share of property taxes.
7. A Closed Session was called by President Broomell at 3:19 p.m. pursuant to:
$ Government Code '54956.9(a), Conference with Legal Counsel - Existing Litigation.
Name of Case: Armanta, et al. v. Jones, et al.
LASC Case No. BC 173487
Name of Case: Regeher v. Valley Center Municipal Water District
Case No. IN032378
$ Government Code '54957.6(a), Conference with Labor Negotiators
Agency Representatives: Gary T. Arant, General Manager
William J. Jeffrey, Director of Finance
Employee Organization: Valley Center M.W.D. Employees’ Association
8. The Regular Board meeting was reconvened at 3:56 p.m. No action was reported.
9. Upon motion by Aleshire, seconded by Haskell and unanimously carried, the meeting was adjourned at