VALLEY CENTER MUNICIPAL WATER DISTRICT
Regular Board Meeting
Monday, July 6, 2009
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, Director of Operations Hoyle, District Engineer Grabbe, Board Secretary Stetson and Manager of IT Pilve. There were no spectators present
1. Upon motion by Stone, seconded by Haskell and unanimously carried, the following consent calendar items were approved:
▪ Minutes of the Board meeting held June 15, 2009
▪ Grant of easement to San Diego Gas and Electric Company for ingress, egress and underground electric facilities over a portion of the Betsworth Pump Station and Reservoir site
▪ Notice of Completion filed for the Paradise No. 2 Reservoir Repainting (interior and exterior) and Roof Replacement project
▪ Amended Employment Agreement Between the Valley Center Municipal Water District and Gary T. Arant effective July 1, 2009
▪ Purchase Order No. 17833 to Electrical Sales, Inc. in the amount of $82,015.99 for the purchase of an electrical panel for the Jesmond Dene Pump Station
▪ Audit demands 122657 through 122851 and wire disbursements for June 2009
▪ Board of Director’s request for reimbursement of expenses and per diem compensation
▪ Treasurer’s Report and Financial Statements for the period ended May 31, 2009
2. Resolution Approving Third Amendment to Water Purchase Agreement with Poseidon Resources:
The agreement executed in December 2005 with Poseidon Resources to purchase up to 7,500 ac. ft. of desalted seawater had been amended to extend performance timeframes through to July 1, 2009. A third amendment to the Water Purchase Agreement was presented to extend the contract performance deadlines to December 31, 2009. The desalination project is being delayed due to various challenges from environmental groups, but Poseidon is confident that the issues will be resolved and has estimated construction will be underway by late summer or early fall.
Upon motion by Polito, seconded by Haskell and unanimously carried, the following resolution, entitled:
RESOLUTION NO. 2009-33
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE VALLEY CENTER MUNICIPAL WATER DISTRICT
APPROVING THE THIRD AMENDMENT TO THE WATER
PURCHASE AGREEMENT WITH POSEIDON RESOURCES
was adopted by the following vote, to wit:
AYES: Directors Broomell, Polito, Aleshire, Stone and Haskell
GENERAL MANAGER’S AGENDA
3. Review of Miscellaneous Information Items:
▪ General Manager Arant reported that at the June 25th San Diego County Water Authority Board meeting, a contract with the U.S. Bureau of Reclamation was approved for the storage of up to 20,000 acre feet of water purchased from the Placer County Water Agency and the Authority’s two-year budget for Fiscal Years 2010 and 2011 was adopted. The SDCWA's net average water rate increase for its member agencies for 2009-10 is 18.1%.
▪ Olivenhain Water District’s concern regarding the pump storage program, wherein water from Lake Hodges will be cycled into the Olivenhain Water Storage facility, is being mediated. Olivenhain M.W.D.’s position is that the water from Lake Hodges, which is runoff, will degrade the water quality of the aqueduct supply in the Olivenhain Water Storage Facility and that it will adversely impact the filtration process. Olivenhain M.W.D. would like a pre-treatment system to be installed and the San Diego County Water Authority has proposed a lake management plan.
DISTRICT GENERAL COUNSEL’S AGENDA
4. Miscellaneous Updates:
General Counsel Cowett reported that a Notice of Appeal was received pursuant to the litigation that had challenged the California Coastal Commission’s grant of a permit for the proposed Carlsbad Desalination Project. There has been no decision from Judge Hayes on the lawsuit challenging the State Lands Commission’s issuance of a permit for the desalination project.
Several lawsuits have been filed on the judge’s decision to curtail pumping on the Bay-Delta to protect the Delta-Smelt and Salmon. Pursuant to the salmon case, the litigation contends that an Environmental Impact Statement should be prepared before implementation of the biological opinion which stops the pumping. The agricultural interests in the Central Valley have become active in challenging the restrictions of the Bay-Delta pump operations.
5. A Closed Session was called by President Broomell at 2:15 p.m. pursuant to:
● Government Code §54956.9(a), Conference with Legal Counsel, Existing
Name of case: Armenta v. James Jones Co., et al.
Name of case: Harbor Bay, Inc. v. Valley Center Municipal Water District
Name of case: Valley Center Municipal Water District, et al. v. San Diego Gas & Electric
● Government Code §54956.9(b), Conference with Legal Counsel, Anticipated Litigation
Number of potential cases: 4
● Government Code §54957(b)(1) – Public Employee Performance Evaluation: General Manager, and
● Government Code §54957.6 – Conference with Labor Negotiator,
Unrepresented Employee: General Manager
6. The Regular Board meeting was reconvened at 4:15 p.m. There was no reportable action.
7. The Board meeting was adjourned at 4:16 p.m.