VALLEY CENTER MUNICIPAL WATER DISTRICT
Regular Board Meeting
Monday, October 18, 2004
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 Stone. Director Haskell was absent. Staff members present were: General Manager Arant, General Counsel Cowett, District Engineer Jewell, Director of Operations Dacus, Director of Finance Jeffrey, Engineering Services Supervisor Gootee, Interim Ass’t. Director of Operations & Facilities Hoyle, and Ass’t. Board Secretary Doerr. Spectators present were Jane Wiggans and David Ross.
CONSENT CALENDAR
Upon motion by Polito, second by Stone and unanimously carried, the following consent calendar items were approved:
1. Minutes of the Board meeting held October 4, 2004
2. Annual report of properties approved for deferral of water availability charges per Administrative Code Section 165.2(d)(3)
3. Audit demands and wire disbursements
4. Quarterly report of expenses per Government Code §53065.5
5. Report of revenue from District’s antenna site lease agreements
ACTION AGENDA
6.
Financial Contribution for Special District Public Education Program:
At the regular meeting of October 4, 2004, the Board considered staff’s recommendation to make a $2,500 contribution to the Association of California Water Agencies (ACWA) and the California Special Districts Association (CSDA) Public Education Program. Because several issues were raised, the item was withdrawn for reconsideration at today’s meeting pending staff acquiring additional information.
Staff presented additional information regarding specific program components and the budget, an explanation of who will oversee the Program and how the funds are administered, why these types of programs are not funded out of the dues paid to ACWA, how effective these types of programs are, and why staff recommended such a relatively high level of contribution.
Upon motion by Stone, seconded by Polito and unanimously carried, a single, one-time donation of $1,000 to the Special District Public Education Program being jointly sponsored by ACWA and CSDA was approved.
7.
Request to Retain Agricultural Rebate Reserve to Offset Agricultural Water Sales in Excess of IAWP Credits:
In 1994, the Agricultural Rebate Reserve was established with $234,201.50 in IAWP credits which were received in May of 1994 but not passed through to the District’s customers. The intent was that this reserve would be used if and when the IAWP was terminated. On June 21, 2004, Board directed staff to close the Agricultural Rebate Reserve and transfer the funds to Capital Projects Reserves. Total IAWP credits for the San Diego County Water Authority are limited to 100,459 ac-ft. In FY 2003-04, total certified agricultural water sales exceeded the credits available in the IAWP. Consequently, the District did not receive IAWP credits for 160.5 ac-ft of water purchased in June 2004. This resulted in a reduction of $18,297 in IAWP credits with the situation expected to continue in future years.
Upon motion by Aleshire, seconded by Stone and unanimously carried, the Board directed that the Agricultural Rebate Reserve be maintained to offset the discount on certified agricultural water sales in excess of available IAWP credits in future years.
GENERAL MANAGER’S AGENDA
8. Review of Miscellaneous Informational Items:
· The District has hired a Project Manager to replace Mike Pumar whose last day with the District is October 27. During the recruiting process, the District found another highly qualified individual who is a graduate engineer presently working for a private construction company. The District’s Engineer, Patric Jewell, will be retiring in April and staff feels now is an opportune time to bring this individual on board as there are funds in this year’s budget to cover this personnel overlay.
· The Meter Technician who has been battling a serious illness has made a decision to retire on a disability retirement. In February 2004, the Board granted an extra position in the Meter Department on the basis that this individual may not return to work. Staff would like to fill that position at this time and will bring this item back to the board at their next meeting for formal action.
BOARD OF DIRECTORS’ AGENDA
9. Director Stone cited a recent newspaper article where the SDCWA board meeting had a vote on whether or not to support Proposition B (Gregory Canyon Landfill) and it was overturned by a 15 to 2 vote because of the City of San Diego’s weighted voting authority on the SDCWA’s Board. Director Broomell responded he was at the meeting and that the City proposed a neutral position and the rest of the board wanted to take a “yes” position (which would be a “no” to the dump). The city did not have a quorum nor did the rest of the Board, so the Board was not able to vote on the issue. This is dramatic proof of how the voting system is not working and shows there is a serious governance issue.
CLOSED SESSION
10. A Closed Session was called by President Broomell at 3:00 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 '54956.9(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
· Closed session: Government Code Section 54956.8, Conference With Real Property Negotiator
Property: APN 188-240-31, 40-44
Negotiator: Gary T. Arant, General Manager
Michael C. Cowett, Best, Best & Krieger LLP
Negotiating Party: Jane Wiggans, Wiggans & Willett, Inc.
Property: APN 186-231-15 through 18
Negotiator: Gary T. Arant, General Manager
Michael C. Cowett, District Legal Counsel
Negotiating Party: Jeff Weber, Broker Associate
RECONVENED:
11. The Regular Board meeting was reconvened at 3:15 p.m. Pursuant to Government Code Section 54956.8, the District has been meeting in closed session regarding the purchase of APN 186-231-15 through 18. The purchase has been finalized with today’s close of escrow. The purchase price was $1.5 million for property consisting of four parcels totaling 32 acres that are west of Valley Center Road and north of Lilac Road. The property will be used for a future District operations center. The northerly two parcels have substantial environmental sensitivity. The District would not have use for all the property and has had preliminary discussions with the Valley Center Parks & Recreation District regarding the remainder being used for parks, open space, etc. The District’s specific time-line for development of this property is unknown at this time.
ADJOURNMENT
12. Upon motion by Polito, seconded by Haskell and unanimously carried, the meeting was adjourned at 3:20 p.m.
ATTEST: ATTEST:
___________________________ ______________________________
President Board Secretary