VALLEY CENTER MUNICIPAL WATER DISTRICT
Regular Board Meeting
Monday, September 15, 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.
ROLL CALL
Board members present were: Directors Broomell, Polito, Aleshire, Stone and Haskell. Staff members present were: General Manager Arant, General Counsel Cowett, Project Engineer/Assistant to the District Engineer Grabbe, Director of Operations Dacus, Director of Finance Jeffrey, Board Secretary Stetson and Information Technology Specialist Rivard. Spectator present was Mr. Ross, Valley Roadrunner Newspaper.
MISCELLANEOUS INFORMATIONAL ITEMS
1. ACWA’s Draft Water Agency Guidelines:
Guidelines drafted by an appointed special task force of the Association of California Water Agencies’ (ACWA) members to assist ACWA members in establishing a policy for general conduct, expenses, travel and related policies and processes had been provided the Board. The guidelines were approved by the ACWA Board of Directors and were then distributed to members for input and acceptance. Reponses were requested by September 29th. Director Aleshire expressed concern that ethics policies should apply to Board and staff members of an organization not just focused on Board members as is the draft guidelines from ACWA. ACWA’s Draft Water Agency Guidelines would serve as a framework for agencies to consider in developing or redrafting such guidelines for their own agency. It was noted that the District had recently adopted its own Ethics Policy. Director Aleshire will provide input to the General Manager regarding suggested modifications to the ACWA draft Water Agency Guidelines.
2. Liability Insurance Premium for 2003-04:
It was reported that the District’s liability insurance premium for 2003-04 increased significantly from the previous year. Due to the claims of $72,000 in damages resulting from the water line break in Valley Center Road, the District’s e-mod (reflecting claims experience) increased from 0.6905 to 0.9826 which increased the
premium by $57,000. This increase coupled with increases in rates resulted in a liability premium of $169,829 for FY 2003-04. Staff was directed to ascertain if the District can assume financial responsibility for a reportable incident and, if so, if the incident would affect the District’s e-mod.
CONSENT CALENDAR
3. Upon motion by Polito, seconded by Stone and unanimously carried, the following consent calendar items were approved:
• Minutes of the Board meeting held September 2, 2003
• Notice of Completion filed for the Valley Center Pump Station Natural Gas Engine Replacement No. 3
• Notice of Completion filed for Burnt Mountain Reservoir, Interior and Exterior Repainting
• Audit demand check numbers 95496 through 95679
ACTION AGENDA
4.
Woods
Valley
Ranch Water Reclamation Facility Expansion – Project Update:
An update on the Woods Valley Ranch Water Reclamation Facility Expansion Project was provided by Project Engineer Grabbe. The Woods Valley Ranch Water Reclamation Facility had received its approvals from the County and CEQA approval for the reclamation facility to serve their proposed development. The District had granted concept approval for the Woods Valley Ranch Treatment Plant in December of 1996.
As part of the county’s approval of the Woods Valley Ranch Reclamation Plant, the developer was required to contact property owners in the adjacent area to determine interest in obtaining sewer capacity. Responses from this inquiry indicated that many property owners near or adjacent to the Woods Valley Ranch development were interested in sewer capacity for their properties. In February of 1998, the Board had granted concept approval for two property owners, Bell and Alti, to expand the reclamation plant from 70,000 gpd to 105,000 gpd. Subsequent to this action, the District agreed to represent the small property owners near the Woods Valley Ranch development who were interested in obtaining sewer service and to serve as the lead agency for an expansion project to the Woods Valley Ranch Water Reclamation Facility. A budget of $165,000 was approved for obtainment of discretionary approvals for the expansion project such as the waste discharge permit, CEQA documentation and the major use permit. This budget amount was later increased to $198,000. Participation agreements were executed with the property owners, Bell and Alti, in which they would participate at 50% of the cost. Consultant agreements
were approved with Mooney & Associates (Major Use Permit modifications and CEQA documentation), Water 3 Engineering (preliminary design services) and Michael Welch, Ph.D. (waste discharge permit). In addition, a Memorandum of Agreement with the county was approved to establish the District as the lead agency for the Woods Valley Ranch Reclamation Facility Expansion Project.
Staff noted that the expansion project had been put on hold due to the lack of activity by the Woods Valley Ranch developer in proceeding with design and construction of the treatment facility. A map depicting the properties in the vicinity of the Woods Valley Ranch development that indicated an interest in sewer service was reviewed. However, a sewer service area will be determined by several factors including feasibility of providing service, the cost, treated effluent disposal limitations and requirements for seasonal storage. Negotiations are ongoing with Mr. Belanich, owner of the proposed Orchard Run development, to include his property in the Woods Valley Ranch Expansion Project. Staff recommended re-initiating the expansion project as Newland Communities, the Woods Valley Ranch developer, is now pursuing the design and construction of the water reclamation facilities. As such, the following will be undertaken pursuant to the Woods Valley Ranch Water Reclamation Facility Expansion Project:
► Cost estimate revision
► Re-solicit interest from property owners in the vicinity of the Woods Valley Ranch development to ascertain interest in receiving sewer capacity
► Modification of the Major Use Permit
► CEQA documentation
► Modification of the waste discharge permit
5. License Agreement with Pacific
Bell
Wireless for Use of
Paradise
Mountain
Reservoir:
Adoption of Resolution No. 2003-32 to approve a communication site license agreement with Pacific Bell Wireless for use of a portion of the Paradise Mountain Reservoir site was requested. If approved, Pacific Bell Wireless would utilize 930 square feet of the Paradise Mountain Reservoir property to install antenna support structures (one 40 ft. and one 36 ft.) and related radio transmitting and receiving equipment.
The term of the proposed agreement is for five years with a provision for extensions. Annual rent in the initial year is $15,000 which increases to $24,000 the fifth year and is increased by the percentage of the U.S. Department of Labor Consumer Price Index each year thereafter. Total revenue in the initial five-year period would be $96,000.
Upon motion by Aleshire, seconded by Stone and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2003-32
RESOLUTION OF THE BOARD OF DIRECTORS OF
VALLEY CENTER MUNICIPAL WATER DISTRICT
APROVING A SITE LICENSE AGREEMENT BETWEEN
THE DISTRICT AND PACIFIC BELL WIRELESS, LLC
AT
PARADISE
MOUNTAIN RESERVOIR AND
AUTHORIZING THE GENERAL MANAGER TO SIGN
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire, Stone and Haskell
NOES: None
ABSENT: None
6. Proposition 53:
Proposition 53, which has qualified for the October 7, 2003, special election ballot, would establish that a percentage of the State’s annual General Fund be allocated to acquire, maintain and build infrastructure such as roads, transportation, water systems, parks and open space. The measure further requires that 50% of the funds be used for state infrastructure projects and 50% for local projects.
If Proposition 53 is approved by the voters, funds would be distributed by enabling legislation to be adopted. Such legislation proposed specifies that of the money directed to local government, 15% shall be available through a competitive process to cities, counties, water districts and wastewater agencies for water supply, water recycling, wastewater or storm water projects. General Manager Arant stated that, though the proposal to set aside money for infrastructure is positive, it may result in the majority of funds being awarded to agencies that due to inadequately funding improvements with local resources, have deficiencies in their system. General Manager Arant suggested that it would be more prudent for the state to return funds to agencies proportionate to the amount of the 1% General Property Tax taken under ERAF. It was noted that under the provisions of Proposition 53, there is a great potential for misappropriation by special interests. The Board adopted an “oppose” position regarding Proposition 53 and directed staff to communicate this position to ACWA and member agencies of the San Diego County Water Authority.
GENERAL COUNSEL’S AGENDA
7.
Colorado River
Quantification Settlement Agreement:
Terms are being finalized for the Quantification Settlement Agreement (QSA) for the Colorado River that will provide California a transition period to implement water transfers and supply programs to reduce the state’s draw of the Colorado River to its 4.4 million acre foot annual apportionment. Parties to the (QSA) are the State, Coachella Valley Water District, Imperial Irrigation District, Metropolitan Water District of Southern California and the San Diego County Water Authority. The QSA would renew access to Colorado River surplus water under the federal Interim Surplus Guidelines and includes a component for the restoration of the Salton Sea. The State of California has committed $20 million to fund development of a restoration plan for the Salton Sea. In addition, Metropolitan will provide funding through a $20.00 per acre foot assessment on surplus water.
Imperial Irrigation District’s use of Colorado River water may still need to be resolved as its river rights are not quantified. However, its water use must be for beneficial uses. It has been reported that the QSA provides quantification of the Imperial Irrigation District’s Colorado River entitlement at 3.1 million acre feet, but this figure is now being disputed. Establishment of IID’s entitlement to the Colorado River is needed to determine what is Colorado River surplus water.
BOARD OF DIRECTORS’ AGENDA
8. Report of
Sa
n Diego
County Water Authority’s Board of Directors’ Meeting:
As part of the San Diego County Water Authority/Imperial Irrigation District water transfer proposal and the Colorado River quantification settlement agreement, several options are being considered. One option is that the San Diego County Water Authority could opt to take over Metropolitan’s agreement for lining of the Coachella Canal and All American Canal and, in turn, would receive the conserved water. Of the estimated 90,000 acre feet of conserved water from the lining of the canals, 16,000 acre feet would be allocated per the San Luis Rey Indian Water Rights Settlement.
9. Treated Water Supply:
A shortage of treated water supplies for San Diego County is being predicted by the San Diego County Water Authority even upon completion of the expansion projects at both Skinner and Miramar treatment plants due to pipeline capacity restrictions into the region. This pipeline capacity restriction is largely due to the delay of constructing Pipeline 6 which would have enabled Pipeline 3 to be converted to
treated water. If Pipeline 3 could be converted to delivering treated water, it would allow for more optimum usage of Metropolitan’s Skinner Treatment Plant’s Module 7 improvements expected to be completed by 2006 or 2007. A consensus has been reached with the San Diego County Water Authority that any increased costs related to building the proposed Authority water treatment plant will not be applied to the agricultural water rate.
GENERAL MANAGER’S AGENDA
10. Illegal Activity on the District’s
Lake
Turner Property:
Director of Operations Dacus reported that on September 5th the personnel from the sheriff’s department and Department of Drug and Alcohol requested entrance onto the District’s Lake Turner property to investigate marijuana plants that had been spotted. In a remote area on the south side of Lake Turner approximately 10,000 to 12,000 marijuana plants were discovered. The plants were removed by the law enforcement personnel. District staff will further assess the area and remove the irrigation system that had been installed as well as the camp sites. Enhancement of security measures at Lake Turner will be evaluated.
CLOSED SESSION
11. A Closed Session was called by President Broomell at 4:03 p.m. pursuant to:
$ Government Code '54956.9(a), Conference with Legal Counsel - Existing Litigation.
Name of Case: Rincon del Diablo Municipal Water District, et al. v. San
Diego County Water Authority, et al.
San Diego County Superior Court Case No. GIC798230
$ 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
12. The Regular Board meeting was reconvened at 4:17 p.m., and the following action was reported:
Upon motion by Aleshire, seconded by Polito and unanimously carried, the Tolling Agreement was approved as follows:
TOLLING AGREEMENT
Among the
Sa
n Diego County Water Authority, the Rincon del Diablo Municipal Water District, the Vallecitos Water District, the Valley Center Municipal Water District, the Vista Irrigation District, and the Yuima Municipal Water District relating to the filing of a complaint to invalidate
Sa
n Diego County Water Authority Ordinance No. 2003-08
ADJOURNMENT
13. Upon motion by Aleshire, seconded by Polito and unanimously carried, the meeting was adjourned at
4:19 p.m.
ATTEST: ATTEST:
____________________________ ___________________________
President Secretary