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OMWD Offices
1966 Olivenhain Road
Encinitas, CA 92024
760-753-6466
| Minutes 12/09/09 |
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MINUTES OF A REGULAR MEETING December 9, 2009 A regular meeting of the Board of Directors of the Olivenhain Municipal Water District was held on Wednesday, December 9, 2009 at the District office, 1966 Olivenhain Road, Encinitas, California. President Sprague declared a quorum present and ordered the meeting to proceed. In attendance were Kimberly Thorner, General Manager; Wes Peltzer, General Counsel; Tom Kennedy, Operations Manager; George Briest, Engineering Manager; Rainy Selamat, Finance Manager; Tom Wood, Human Resources Manager; and Naomi Sabino, Executive Secretary. Also in attendance were District employees Joseph Randall - Management Analyst Supervisor; Wayne Alexander – Inspection Supervisor; Cynthia Adams – Department Assistant; Sonja Holtman – Department Assistant; Lorrie Smith - Accountant I; Jennifer Joslin – Human Resources Analyst; Cathy Hudson – Accountant I; Karen Ogawa – Engineering Supervisor; Jeff Anderson – Parks Supervisor; and Chad Williams – Inspector. 5. ADOPTION OF AGENDA Director Muir moved to adopt the agenda as recommended, seconded by Director Krauss and carried. 6. PERSONAL APPEARANCES AND PUBLIC COMMENTS Human Resources Manager Wood further introduced Mr. Jeff Anderson, Parks Supervisor, and congratulated him for his 10 years of service. Ms. Cynthia Adams, Department Assistant, was also introduced as the District’s most recent new hire. Mr. Anderson and Ms. Adams were individually congratulated by the Board and all those present. NOTE: The meeting was in Closed Session 8. CLOSED SESSION A) CONSIDER PERSONNEL ISSUE – FINANCE/OPERATIONS DEPART-MENTS [PURSUANT TO GOVERNMENT CODE SECTION 54957(b)] OPEN SESSION President Sprague stated that Staff was instructed as to the Closed Session items. Staff received Board approval to fill the Meter Reader/Technician I position with a Full Time Utility I and to promote one Customer Service Representative I to a Customer Service Representative II position as part of the Customer Service/Billing Department succession planning. These actions result in no increase in FTE’s and maintain the “Holding the Line in 2009” number of positions down to a total of 4. Staff was additionally instructed in Closed Session on how to proceed with the investigation and discussions on the Fortuna del Norte claim. Any immediate action on the claim was delayed by the Board. Following Closed Session, the meeting was joined by District customer Dr. Donald Wilson, District Consultant Dan Smith of AECOM, and Auditor Harvey Schroeder of Diehl, Evans & Company. Director Krauss moved to approve the Minutes of the November 18, 2009 Board of Directors meeting, seconded by President Sprague and carried. 10. CONSENT CALENDAR C-a CONSIDER APPROVAL OF A CHANGE ORDER TO 3-D ENTERPRISES, INC. FOR THE SAN DIEGO RECYCLED WATER CONNECTION NO. 2 PROJECT IN THE AMOUNT OF $60,000 AND AUTHORIZE THE GENERAL MANAGER TO SIGN ON BEHALF OF THE DISTRICT C-b CONSIDER AUTHORIZING THE RELEASE OF A NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE UNIT AA RAW WATER PIPELINE C-c CONSIDER APPROVAL OF AN AMENDMENT TO AN EXISTING AGREEMENT WITH SPRINT PCS ASSETS, LLC TO ALLOW CELLULAR EQUIPMENT AT THE DISTRICT’S HEADQUARTERS SITE C-d CONSIDER APPROVAL OF A FIFTH AMENDMENT TO AN EXISTING AGREEMENT WITH VERIZON WIRELESS TO ALLOW CELLULAR EQUIPMENT AT THE GATY RESERVOIR SITE AND AN IN-BUILDING EQUIPMENT AGREEMENT FOR THE PROVISION OF A CELLULAR IN-BUILDING COVERAGE SYSTEM AT THE DAVID C MCCOLLOM WATER TREATMENT PLANT C-e CONSIDER ACCEPTANCE OF THE GRADING AND IMPROVEMENTS FOR BUILDING J INTO THE DISTRICT’S SYSTEM AND ORDER THAT A NOTICE OF COMPLETION BE FILED C-f CONSIDER ACCEPTANCE OF THE FAIRBANKS RANCH COUNTRY CLUB RECLAIMED WATER PROJECT AND ORDER THAT A NOTICE OF COMPLETION BE FILED C-g CONSIDER APPROVAL OF PRIVATE ENCROACHMENT PERMIT NO. 274 FOR 17002 SAN ANTONIO ROSE COURT (NGUYEN) AND ORDER THE PERMIT TO BE RECORDED C-h CONSIDER APPROVAL OF PRIVATE ENCROACHMENT PERMIT NO. 283 FOR 835 HOLLYRIDGE DR. (COAN) AND ORDER THE PERMIT TO BE RECORDED Director Muir moved to remove Consent items C-a, C-c, and C-d and approve the remaining Consent items, seconded by Director Krauss and carried. Following additional discussion re: Consent item C-a, Director Muir moved to approve the item, seconded by President Sprague and carried. Director Muir requested additional information regarding the process for placing antenna and cell sites. General Manager Thorner summarized the 2005 Board-approved process as well as how the lease rates are presently determined. Engineering Manager Briest added that the District will often request rate information from various cities and survey the market. Director Krauss moved to approve Consent items C-c and C-d, seconded by President Sprague and carried. 11. CONSIDER STAFF PRESENTATION ON THE DISTRICT'S FISCAL YEAR 2008-2009 FINANCIAL HIGHLIGHTS AND APPROVAL OF THE Finance Manager Selamat introduced Auditor Schroeder and reviewed a PowerPoint presentation regarding the District’s audited financial statements for the prior fiscal year. President Sprague asked the auditor if Staff was employing the wise use of public funds with which it is entrusted. The auditor answered in the affirmative. 12. CONSIDER REVISIONS TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT’S FINANCIAL POLICY (INVESTMENTS AND RESERVES) General Manager Thorner stated that the majority of the revisions relate to general housekeeping items such as decreasing the financial outlook period from 20 years down to 10 years, deleting any references to “Certificates of Deposit” and changing that to “Depository Accounts,” and replacing references to “FDIC” to include credit unions and other financial institutions. Director Muir moved to approve the revisions to the Financial Policy as recommended by Staff, seconded by Director Topolovac and carried. 13. CONDUCT THE OMWD FINANCE CORPORATION ANNUAL MEETING (See Separate Agenda) President Sprague conducted the OMWD Finance Corporation annual meeting. The minutes for the OMWD Finance Corporation are attached as Exhibit “A.” General Manager Thorner reviewed the language added to the Agreement by the Metropolitan Water District (MWD) which basically states that if any participating agency (i.e., the San Diego County Water Authority) participates in a majority vote to change the way the LRP’s are funded, the Agreement will automatically be terminated. President Sprague moved to reaffirm approval of the Agreement, seconded by Director Muir and carried. 15. CONSIDER DISCUSSION BY THE BOARD OF DIRECTORS OF THE OLIVENHAIN MUNICIPAL WATER DISTRICT OF THE NEED FOR A General Manager Thorner stated that there is some inconsistency between the existing Administrative Code language and the District’s actual practice with regard to the Consulting Engineer, Board-appointed role. In order to resolve the inconsistency, a separate, noticed Board Workshop which defines the scope and role of the District’s Consulting Engineer, explores initiatives and options, and fine-tunes the RFP process will be scheduled for January 2010. 16. CONSIDER ADOPTION OF A RESOLUTION MAKING CEQA EXEMPTION FINDINGS TO ESTABLISH REVISED CAPACITY FEES WITHIN General Manager Thorner stated that Items 16 and 17 may be considered together. 17. CONSIDER ADOPTION OF AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OLIVENHAIN MUNICIPAL WATER DISTRICT Upon motion by Director Krauss and a second by Director Topolovac, Ordinance No. 374 was adopted by the following roll call vote: AYES: Directors Krauss, Muir, Sprague, Topolovac, and Varty 18. CONSIDER ADOPTION OF A RESOLUTION MAKING CEQA EXEMPTION FINDINGS FOR THE CLEARING OF VARIOUS EASEMENTS Director Muir moved to adopt Resolution 2009-35, seconded by President Sprague and carried. 19. CONSIDER AWARD OF A CONTRACT TO EMPIRE PIPELINE FOR CONSTRUCTION OF THE STORM AND SANITARY SEWERS FOR President Sprague moved to approve the contract with Empire Pipeline in the amount of $157,600, seconded by Director Varty and carried. 20. CONSIDER APPROVAL OF ANNUAL REVISIONS TO THE DISTRICT’S RECORDS RETENTION SCHEDULE Director Topolovac moved to approve the Staff-recommended revisions, seconded by Director Varty and carried. 21. INFORMATIONAL REPORTS A. President’s Report President Sprague had no business items to report. B. General Manager’s Report Operations Manager Kennedy reported that the Regional Water Quality Control Board (RWQCB) will meet the week of December 14, 2009 to discuss additional requirements the RWQCB intends to impose on discharges for potable water. General Manager Thorner stated that she will meet with the President of the Escondido Creek Conservancy during the week of December 14 to discuss his concerns regarding the Hodges and Interpretive Center agreements. She also reported that approximately 10 individuals in the Elfin Forest area have been identified by Engineering Manager Briest as potential community representatives with whom the District will meet in early 2010 to discuss the bypass pipeline. General Manager Thorner also said she would be testifying at the Coastal Commission Hearing on December 10th based on a Notice of Revocation that was filed by Surfrider to revoke the Commission’s permit on the Carlsbad desalination project. She explained that Surfrider is convinced that the Commission intentionally withheld information on the amount of fish that will be impacted by the desalination program. C. Consulting Engineer’s Report Mr. Smith stated that AECOM is wrapping up an easement review project, a specifications comparison, and an encroachment permit document required for the City of Carlsbad by the District. D. General Counsel’s Report General Counsel Peltzer stated he had nothing to report. E. San Diego County Water Authority Report Director Muir stated that SDCWA has a new Deputy General Manager and that a meeting would be taking place the week of December 14. F. Metropolitan Water District Report General Manager Thorner stated she had nothing further to report. G. IRWMP Committee Report General Manager Thorner stated there was nothing to report. H. Twelve Month Calendar / Other Meetings/Reports California Special Districts Association Quarterly Dinner Meeting (November 19) President Sprague and Director Muir attended. The speaker at the event was the new County Tax Assessor who spoke on property taxes. Safety Committee Meeting (November 19) Directors Krauss and Topolovac stated there was a good simulation exercise on what to do in the event of different emergencies. They also reported that the District’s accident rate of 1.6 is truly excellent compared to the national average of 5.1 per 200,000 worked hours. Additional discussion regarding new safety awards also took place. Special Finance Committee Meeting (December 1) Directors Muir and Varty stated there was nothing additional to report. ACWA Fall Conference (December 1-4) Directors Krauss and Topolovac attended and stated that passing the $11.1 million bond issuance was the primary focus of the conference. San Diego North Economic Development Council Holiday Lunch (December 3) Director Muir stated that the speaker at the event was excellent. He also reported that Poseidon won the “Green Clean Energy Award.” I. Legislative Report General Manager Thorner stated that all legislative reports were included in the Board Packets. J. LAFCO Advisory Committee General Manager Thorner reported that LAFCO continues to take the stance that they will consult with local agencies on water availability but that the final determinations will be made by LAFCO. Examples of areas where LAFCO feels it can exercise its authority include determining when annexations can be approved and deciding whether or not communities have adequate services, including water. This issue will continue to be discussed in early 2010. 22. CORRESPONDENCE All correspondence was provided to the Board in advance of the meeting. 23. AUTHORIZATION TO ATTEND UPCOMING MEETINGS /CONFERENCES / SEMINARS There are no upcoming meetings requiring authorization to attend. 24. FUTURE AGENDA ITEMS There were no future agenda items to discuss. 25. CONSIDER PUBLIC COMMENT Dr. Wilson stated that groups of people are traveling up the coast and labeling lagoons and estuaries as “conservation protected land.” He asked if this could have an effect on efforts to establish desalination facilities. General Manager Thorner replied Yes; it could potentially affect the speed or ability to build a plant in those areas. Dr. Wilson additionally commented that, while attending a recent community event, he heard many positive comments about the newest issue of Watching Water. All Directors were in agreement that the District’s newsletter has improved. President Sprague adjourned the meeting at 7:43 P.M. ______________________________ ATTEST: __________________________
Attachment A
MINUTES OF AN ANNUAL MEETING December 9, 2009 An annual meeting of the Board of Directors of the OMWD Financing Corporation was held on Wednesday, December 9, 2009 at the District office, 1966 Olivenhain Road, Encinitas, California 92024. President Sprague called the meeting to order at 6:08 P.M. Directors present were Krauss, Muir, Sprague, Topolovac, and Varty. President Sprague declared a quorum present and ordered the meeting to proceed. In attendance were Kimberly Thorner, General Manager; Wes Peltzer, General Counsel; Tom Kennedy, Operations Manager; George Briest, Engineering Manager; Rainy Selamat, Finance Manager; Tom Wood, Human Resources Manager; and Naomi Sabino, Executive Secretary. Also in attendance were District employee Joseph Randall – Management Analyst Supervisor; District Customer Dr. Donald Wilson; District Consultant Dan Smith, AECOM; and Auditor Harvey Schroeder, Diehl, Evans & Company. ADOPTION OF AGENDA President Muir moved to adopt the Agenda as presented, seconded by Director Krauss and carried. PERSONAL APPEARANCE AND PUBLIC COMMENTS CONSIDER THE STATUS OF DEBT ISSUED BY THE NON-PROFIT CORPORATION [2002 VARIABLE TAX BONDS AND 2006A WATER REVENUE REFUNDING BONDS] Finance Manager Selamat summarized the attached report on the status of debt issued by the non-profit corporation. President Sprague moved to receive and accept the Staff report, seconded by Director Topolovac and carried. ADJOURNMENT _____________________________ ____________________________
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| Last Updated on Friday, 15 January 2010 11:05 |