VALLEY CENTER MUNICIPAL WATER DISTRICT
Regular Board Meeting
Tuesday, September 6, 2005
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 and Haskell. Director Stone was absent. Staff members present were: General Manager Arant, General Counsel de Sousa, Director of Finance Jeffrey, Director of Operations Hoyle, District Engineer Grabbe, Board Secretary Stetson, Project Managers Williams, Carrillo and Kilwein and IT Specialist Rivard. Spectator present was Mr. Miller, representative of Rincon Escondido, LLC.
CONSENT CALENDAR
1. Upon motion by Polito, seconded by Haskell and unanimously carried, the following consent calendar items were approved:
• Minutes of the Board meeting held August 1, 2005
• Audit demand check numbers 105122 through 105496
• Board of Director’s request for per diem compensation and reimbursement of expenses
• Treasurer’s Report and Financial Statement for the period ended July 31, 2005
• Concept approval of the Valley View Casino Line extension project consisting of approximately 2,050 feet of 12-inch water main and other appurtenances
• Resolution No. 2005-30 adopting the 2005 revisions to the District’s Local Guidelines for Implementing the California Environmental Quality Act (CEQA)
ACTION AGENDA
2. Adoption of Resolutions Approving Budget Amendment and Authorizing Entering into a Utilities Agreement with San Diego County for Construction of the Proposed Valley Center Road Water Main Improvements:
Project Manager Williams reported that the County of San Diego has finalized plans and specifications for the reconstruction of Valley Center Road from one mile south of Banbury Drive northerly to Cole Grade Road. This road improvement project requires that the District abandon and reinstall approximately 18,000 linear feet of existing water mains. A small portion, approximately 300 linear feet of 18-inch diameter pipe, is located within an existing District easement and construction costs will be borne by the County. Approximately 5,500 linear feet of existing 10-inch diameter water main will be replaced with a 16-inch and parallel 8-inch diameter mains to provide flows and redundant service for land uses per the County’s land use plan and in accordance with the District’s master plan.
Relocation and installation of the new mains will be bid as part of the County’s road improvement project to better coordinate the work. The County’s proposed road improvement plans require the installation of temporary water service highlines during construction to provide fire protection and continuous water service. The County Department of Public Works has proposed that the District enter into a utilities agreement with the County for the construction of the District facilities as was done on the previous Mountain Meadow Road project. Provisions of the proposed Utilities Agreement with the County were reviewed, which are outlined below:
• District and county to negotiate points of agreement prior to signature,
• Agreement utilizes same contractual language as the Mountain Meadow Road agreement,
• County to bid water improvements as separate line items,
• District may decline participation with the County should bids received be greater than 5% of the engineer’s estimate,
• District to administer and inspect water system and other owned improvements,
• District to reimburse county for survey and soils testing performed for District facilities,
• District to reimburse County on a monthly basis for all work completed on District facilities, subject to inspection and verification by District staff,
• District to review and approve all change orders for work on District facilities.
Project Manager Williams clarified that Resolution No. 2005-32 approves the District entering into a Utilities Agreement with the County of San Diego for construction of the proposed Valley Center Road water main improvement project and authorizes the General Manager to finalize and enter into said agreement. Per Board direction, staff will contact the County and request an addendum be issued to inform contractors of the provision in the Utilities Agreement which provides that the District may decline participation with the County on the road improvement project if bids are greater than 5% of the engineer’s estimate.
Resolution No. 2005-31 was presented for the Board’s adoption to appropriate an additional $1.85 million for the Valley Center Road Water Main Improvements project bringing the total budget for this project to $6,060,000. Staff explained that initial costs for the project had been based on preliminary design drawings and general pipeline costs. At this time, the plans and specifications have been completed and costs identified for the relocation of all components of the project, including piping, valving, temporary services and highlines, connections, appurtenances and all other items. It was noted that the construction period for the improvement project is projected at two and one-half years and, therefore, funds for construction of the facilities will be spread over the next three fiscal years.
Upon motion by Aleshire, seconded by Polito and unanimously carried, the following resolutions, entitled:
RESOLUTION NO. 2005-31
RESOLUTION OF THE BOARD OF DIRECTORS
OF VALLEY CENTER MUNICIPAL WATER DISTRICT
AMENDING THE 2005-06 BUDGET BY APPROPRI-
ATING AN ADDITIONAL $1.85 MILLION TO THE
VALLEY
CENTER ROAD
WATER MAIN IMPROVE-
MENTS PROJECT (NO. 01-5633.78)
RESOLUTION NO. 2005-32
RESOLUTION OF THE BOARD OF DIRECTORS
OF VALLEY CENTER MUNICIPAL WATER DISTRICT
APPROVING ENTERING INTO A UTILITIES AGREE-
MENT WITH THE
COUNTY
OF
SAN DIEGO
FOR THE
RELOCATION OF WATER FACILITIES IN VALLEY
CENTER ROAD (PROJECT NO. 01-5633.78)
were adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire and Haskell
NOES: None
ABSENT: Director Stone
3. Approval of Amendments to the Contract with R.W. Beck for the Design of the
Valley Center Road
Pipeline Relocation Project:
In response to the County’s ongoing efforts and modifications to its project to widen Valley Center Road between Ridge Ranch Road and Cole Grade Road, the District has continued its effort to prepare construction plans and specifications to relocate several pipelines within Valley Center Road. R. W. Beck has been completing the design work for the Valley Center Road Pipeline Relocation project in which two contracts were executed with not-to-exceed amounts including previously approved amendments of $169,265 for the North portion and $49,951 for the South portion. R.W. Beck has performed additional work outside of the approved scope of work in response to the County’s changes in its road project in order to keep the project on schedule. The additional work resulted from the County’s omission of various final design details of the road improvement plans, including bridge details, finish elevations of the Moosa Creek box culvert and a new driveway approach north of Ridge Ranch Road. In response to the changes initiated by the County, R.W. Beck has submitted a request for additional funds to provide funding for costs to date as well as anticipated additional work, as outlined below:
South North
Portion Portion
Cost to date $106,570 $230,128
Estimated cost to complete 14,880 20,122
Less current contract amount (49,951) (169,265)
Requested contract amendment 71,499 80,985
New contract amount $121,450 $250,250
Total design cost requested authorization is $371,700 for the combined South and North portions. The timing of the receipt of notice from R.W. Beck that their design costs had exceeded the contractual amounts was discussed. District Engineer Grabbe stated that R.W. Beck had contacted the District when it was known by them that their work expenses exceeded the contract amount. Continuation of the design work was authorized by District staff to meet the county’s schedule.
A portion of the design costs for the South portion includes additional costs for redesigning the Banbury/Ridge Ranch pipeline relocation. Said costs will be reimbursed by the County per the letter agreement with the County (Douglas Isbell, Deputy Director of Public Works) which states that “if design changes are implemented by the Department of Public Works (DPW) that necessitate re-design by the District, DPW will compensate the District for the associated re-design.” Also, the county will reimburse the District for both the design and construction costs in locations where the pipelines will be relocated outside of the county’s right-of-ways within the District’s easement (approximately 400 linear feet).
Upon motion by Aleshire, seconded by Polito and unanimously carried, the Board approved Amendment No. 3 in the amount of $71,499 (South portion) and Amendment No. 2 in the amount of $80,985 (North portion) for the design of the Valley Center Road Pipeline Relocation Project.
4. Approval of Amendment No. 2 to the Design Contract for
Rodriguez Road
Pipeline Replacement Project:
Project Manager Williams explained that Kennedy/Jenks Consultants is under contract to prepare plans and specifications for the Rodriguez Road Pipeline Replacement project which consists of approximately 4,500 linear feet of 18-inch and 20-inch pipe located within Rodriguez Road. Amendment No. 1 to the design contract had been approved in April 2005 for costs associated with adding approximately 1,200 linear feet of pipe and realignment of pipe to avoid agricultural improvements. However, relocating approximately 1,500 linear feet of pipeline to the northerly property line has been approved by the property owner which will better facilitate full use of the property by the owner, provide the District with improved access to its facilities, and result in the pipeline’s new alignment being in an existing graded roadway. Realignment of the approximately 1,500 linear feet of pipeline will add approximately 300 linear feet to the project.
Board approval of a revised scope of work for the redesign of the Rodriguez Road Pipeline including design, easement preparation, survey and other associated costs in the amount of $9,402 (Amendment No. 2) was requested for a total not-to-exceed contract amount with Kennedy/Jenks Consultants of $94,145.
Upon motion by Aleshire, seconded by Polito and unanimously carried, Amendment No. 2 in the amount of $9,402 to the design contract with Kennedy/Jenks Consultants for the design of the Rodriguez Road Pipeline Relocation Project was approved.
5. Award of Contract for the
Lilac Road
Pressure Regulator Valve Replacement Project:
Adoption of Resolution No. 2005-26 to approve an award of contract for the Lilac Road Pressure Regulator Valve Replacement Project was requested. Bids were received for this project on August 2nd with the single bid submitted by Pro Act Engineering Inc. at $65,950. The project consists of removal and replacement of 12 existing meters and backflow assemblies, installation of 12 private pressure regulators on the new meters and installation of 34 private pressure regulators on existing meters. The Lilac Road Pressure Regulator Valve Replacement project is part of the completed Lilac Road Bridge Pipeline Replacement Project which has remaining funds for the pressure regulator valve replacements.
Upon motion by Polito, seconded by Haskell and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2005-26
RESOLUTION OF THE BOARD OF DIRECTORS
OF
VALLEY
CENTER
MUNICIPAL WATER
DISTRICT AWARDING CONTRACT FOR THE
LILAC ROAD PRESSURE REGULATOR VALVE
REPLACEMENT PROJECT
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire and Haskell
NOES: None
ABSENT: Director Stone
6. Adoption of Resolution Amending the Budget and Award of Contract for the Couser Pump Station Replacement Project:
Bids for the Couser Pump Station Replacement Project were opened on August 2nd with the lowest bid submitted by Cora Constructors at $764,000. The engineer’s estimate for this project had been $675,850. Adoption of Resolution No. 2005-25 to amend the 2005-06 budget to appropriate an additional $85,000 for this project was requested.
Upon motion by Aleshire, seconded by Polito and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2005-25
RESOLUTION OF THE BOARD OF DIRECTORS OF
VALLEY CENTER MUNICIPAL WATER DISTRICT
AMENDING THE 2005-06 BUDGET BY APPROPRIATING
AN ADDITIONAL $85,000 INTO ACCOUNT #01-5672.78
AND AWARDING CONTRACT FOR THE COUSER PUMP
STATION REPLACEMENT PROJECT
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire and Haskell
NOES: None
ABSENT: Director Stone
7. Amendments to the District’s Reclaimed Water Service Rules and Regulations:
With the initiation of reclaimed water service at Woods Valley Ranch, the County Department of Environmental Health is requesting minor changes to the District’s Reclaimed Water Service Rules and Regulations which are set forth in Article 175 of the District’s Administrative Code. The changes include:
• Added reference to the Department of Environmental Health’s manual on recycled water plans
• Appendices 1-4 added which are forms for the application process for recycled water service
• Verbiage added to stipulate additional survey requirements and notification requirements
• Replaced the reference to secondary effluent with the words “recycled water”.
Upon motion by Aleshire, seconded by Polito and unanimously carried, the following ordinance, entitled:
ORDINANCE NO. 2005-11
ORDINANCE OF THE BOARD OF DIRECTORS OF
THE VALLEY CENTER MUNICIPAL WATER DISTRICT
AMENDING ADMINISTRATIVE CODE ARTICLE 175
INCORPORATING MINOR MODIFICATIONS TO CONFORM
TO THE COUNTY DEPARTMENT OF ENVIRONMENTAL
HEALTH STANDARDS FOR RECLAIMED WATER
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire and Haskell
NOES: None
ABSENT: Director Stone
8. Concept Approval of the Rincon Escondido, LLC,
Escondido
Tract #892:
Concept approval of the Rincon Escondido, LLC, Escondido Tract #892 water improvements which consist of 4,640 feet of 8-inch water main and ten 6-inch fire hydrants to serve 41 lots was requested. In addition to the extensions of water mains through the development and off site to connect to District mains, an emergency interconnection with the City of Escondido’s water system in Rincon Avenue is being required for this project. The water line extensions and emergency interconnection will provide a more reliable distribution system for the area.
Sewer service for the proposed development will be provided by the City of Escondido. Adoption of Resolution No. 2005-27 authorizing the General Manager to develop, finalize and enter into an agreement with the City of Escondido for sewer billing services and the emergency interconnection was recommended. Though the sewer service for this development is proposed to be provided by the City of Escondido, the property is entirely within the District’s service area. The feasibility of the City of Escondido providing water service to the proposed development was discussed, but at present the city has a deficiency of water supply service in the affected area.
Upon motion by Polito, seconded by Aleshire and unanimously carried, concept approval for the Rincon Escondido, LLC, Escondido Tract #892 was granted and the following resolution, entitled:
RESOLUTION NO. 2005-27
RESOLUTION OF THE BOARD OF DIRECTORS OF
VALLEY CENTER MUNICIPAL WATER DISTRICT
AUTHORIZING THE GENERAL MANAGER TO ESTABLISH
AND ENTER INTO AGREEMENTS WITH THE CITY OF
ESCONDIDO
FOR SEWER BILLING SERVICES AND
EMERGENCY INTERCONNECTION
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire and Haskell
NOES: None
ABSENT: Director Stone
9. ACWA Region 10 Election:
The ballot for the Association of California Water Agencies (ACWA) Region 10 Officers and Board Members for 2006 and 2007 is due by September 30th. In accordance with Region 10 rules and regulations, a Chair from Orange County, Vice Chair from San Diego County and 5 board members (2 from Orange County and 3 from San Diego County) will be elected to serve the members of ACWA Region 10.
The Board concurred with the nominating committee’s recommendations of:
Chair Saundra Jacobs, Santa Margarita Water District
Vice Chair Merle Aleshire, Valley Center Municipal Water District
Board Members
Jan Debay, Orange County Water District
Peer Swan, Irvine Ranch Water District
Jo MacKenzie, Vista Irrigation District
Betty Ferguson, Vallecitos Water District
Susan Varty, Olivenhain Municipal Water District
10. Nomination of ACWA Committee Appointments for the 2006-2007 Term:
The elected President of ACWA for 2006-2007 will be tasked with completing committee appointments for ACWA’s eight standing and four regular committees from the member nominations received. The incoming chairs and vice chairs of the 10 ACWA regions will provide recommendations. Currently, General Manager Arant serves as Chair of the Communications Committee, an ACWA standing committee, and, thus, also serves on the ACWA Board of Directors.
The Board nominated General Manager Arant for consideration of appointment as Chair of the Association of California Water Agencies’ Communications Committee for the 2006 and 2007 term.
GENERAL COUNSEL’S AGENDA
11. Status on AB 1234:
General Counsel de Sousa reported that AB 1234 (Salinas) pertaining to local government reform, including compensation and an ethics training component, will become law unless vetoed by the Governor.
GENERAL MANAGER’S AGENDA
12. Status Report on the
San Diego
County Water Authority’s Governance Reform Process:
A status report on the efforts by the North San Diego County Water Agencies (Economic Study Group) to implement governance reform at the San Diego County Water Authority was provided by General Manager Arant in which the following listed accomplishments were noted:
~ The chair of the San Diego County Water Authority Board can be a representative from the City of San Diego only every third term.
~ Standing Committees were restructured such that there can be no more than 4 members per committee from the City of San Diego (each committee has 15 members) and the committee appointments by the Chair are an open process with Board members submitting requests for appointment. The committees’ voting structure is one director, one vote.
~ Decisions by a committee which are challenged at the Board level will be referred back to the originating committee for further deliberation. The matter would then be brought back for re-consideration at the next San Diego County Water Authority Board meeting.
The revised committee system providing that a matter is referred back to committee upon a challenge of a committee’s decision by the Authority Board needs to be formally codified into the San Diego County Water Authority’s Administrative Code and passed by the Legislature. Legislation will require a report on the effectiveness of the governance changes within 2 years. As such, it will be incumbent upon the proponents of the reform process to track the committee votes and Board action.
CLOSED SESSION
13. A Closed Session was called by President Broomell at 3:50 p.m. pursuant to:
$ Government Code '54956.9(a), Conference with Legal Counsel - Existing Litigation.
Name of Case: Sweetwater Authority, et al. v. Dynegy, Inc., et al.
San Diego Superior Court Case GIC 760743
$ Government Code '54956.8, Conference with Real Property Negotiator
Property: A portion of APN 188-240-81
Agency negotiator: Gary T. Arant, Valley Center M.W.D.
Negotiating party: County of San Diego
Under negotiation: Price
RECONVENE
14. The Regular Board meeting was reconvened at 3:58 p.m. and the following action was reported:
15. Authorization to Purchase Property from the
County
of
San Diego
:
Upon motion by Aleshire, seconded by Haskell and unanimously carried, the real estate transaction with the County of San Diego (a portion of APN 188-240-81) was concluded in which the purchase of 1.21 acres of adjoining property from the County of San Diego was authorized, and Resolution No. 2005-28 was adopted approving an amendment to the 2005-06 budget to appropriate an additional $91,300 to the Corporate Facility Evaluation Capital Project.
ADJOURNMENT
16. Upon motion by Aleshire, seconded by Haskell and unanimously carried, the meeting was adjourned at
4:00 p.m.
ATTEST: ATTEST:
____________________________ _______________________________
President Secretary